<?xml version="1.0" encoding="ISO-8859-1"?> <docID>327129</docID> <postdate>2024-08-20 08:43:45</postdate> <headline>Senator’s ex-top aide excused from testifying in trial</headline> <body><p><img class="size-full wp-image-327130" src="https://citynews.com.au/wp-content/uploads/2024/08/20240305001912805538-original-resized.jpg" alt="" width="900" height="601" /></p> <caption>A former chief of staff for Linda Reynolds has been excused from testifying at a defamation trial. (Richard Wainwright/AAP PHOTOS)</caption> <p><span class="kicker-line">By <strong>Aaron Bunch</strong> in Perth</span></p> <p><strong>Senator Linda Reynolds' chief of staff when Brittany Higgins was allegedly raped in parliament won't be called to testify in the politician's high-profile defamation trial with her former staffer.</strong></p> <p>Senator Reynolds is suing her former staffer Ms Higgins - who is defending the claim - over a series of social media posts containing alleged mistruths that she believes damaged her reputation.</p> <p>Former chief of staff Fiona Brown was expected to provide evidence about what unfolded in the days after Ms Higgins was allegedly raped in the ex-defence minister's suite in 2019.</p> <p>But she was exempted on Monday from facing the court after her psychiatric report and a medical report were provided to the court.</p> <p>Instead, Ms Brown's redacted affidavit and cross-examination transcript from Bruce Lehrmann's failed defamation trial against Network Ten and journalist Lisa Wilkinson, and her evidence at his aborted criminal trial for rape, are expected to be used.</p> <p>Ms Higgins' lawyer Rachael Young said she did not want to cause Ms Brown distress or harm.</p> <p>"The defendant accepts that Ms Brown is unfit by reason of her mental condition to attend or to give evidence as a witness," she said.</p> <p>"We support and indeed embrace the excuse of Ms Brown from giving evidence in these proceedings."</p> <p>Ms Young said the court should reject or give less weight to some of Ms Brown's previous evidence in other proceedings because Ms Higgins won't have the opportunity to cross-examine her about it and it could prejudice her case.</p> <p>This includes a meeting soon after Ms Higgins was allegedly raped between the senator and the then deputy Australian Federal Police commissioner Leanne Close, that Ms Brown attended but has said she missed key parts of.</p> <p>The senator has provided evidence to the court about what the policewoman told her, which conflicted with some of the officer's notes written when the meeting occurred.</p> <p>"The undue prejudice caused to us... is we are deprived of the opportunity to fully test Ms Brown's recollection of events," Ms Young said.</p> <p>Ms Young said the defence may call Ms Close.</p> <p>Former foreign affairs minister Marise Payne and senator Anne Ruston are scheduled to be called to give evidence on Tuesday, along with two of Senator Reynolds' friends, Louise Patroni and Kate Schulze.</p> <p>Brittany Higgins was expected to test at the trial but Ms Young on Monday said her client would not be attending due to her medical conditions and because she was not obliged to and didn't need to.</p> <p>https://citynews.com.au/2024/brittanys-big-surprise-was-no-surprise-it-was-hiding-in-plain-sight/</p> </body>