Bruce Lehrmann has denied telling his then chief of staff Fiona Brown, “I don’t want to get into that” after being asked what he had done in the ministerial office in the 40 minutes after he returned with Brittany Higgins.
The former Liberal staffer entered the building after 1:48am and left the office around 2:30am on March 23, 2019.
Mr Lehrmann returned to the witness box on Monday where he was grilled on the various excuses he gave to security guards and his chief of staff for accessing the office after hours and how many drinks he purchased that night.
Channel Ten’s barrister Matt Collins KC asked Mr Lehrmann what he had told his chief of staff Fiona Brown when she confronted him about the after hours access.
He asked whether or not he had told Ms Brown, “I don’t want to get into that” when asked what he was doing in the office.
“I don’t recall that,’’ Mr Lehrmann said.
“I don’t recall that happening in that conversation.”
Mr Lehrmann said he had reviewed Ms Brown’s notes and they did not always accord with his recollection.
The former Liberal staffer had initially told his COS Fiona Brown he was drinking whiskey.
But he later told police he didn’t have any alcohol and went back to pick up his keys.
He also told police after going back to pick up his keys he worked on some question time folders.
But he never offered that explanation to Ms Brown. On Friday, he said that she might be more angry if she knew he was working on question time folders.
On Monday he could not recall whether he mentioned the question time folders or not.
“That meeting is very hazy to me. It’s a long time ago,’’ he said.
Bruce Lehrmann also conceded he “can’t recall” how he paid for six drinks at The Dock on the night Brittany Higgins alleged she was raped after previously telling police he only spent $16 on the night in question.
The former Liberal staffer has again denied having a second credit card that he did not disclose to police when he handed over his bank records.
He has also confirmed he did have whiskey in Defence Industry Minister Linda Reynolds’ office, despite telling police he did not keep alcohol in that office. He said the alcohol was in a box and he had moved it to the new office.
Mr Collins KC asked Mr Lehrmann last week if he had bought two beers and a vodka drink in one purchase on Friday and observed it would have cost more than $16.
On Monday, Mr Collins KC corrected the record and asked if Mr Lehrmann now conceded it was in fact three beers and one vodka — one each for himself, colleagues Austin Wenke and Lauren Gain and Ms Higgins.
“The correction I wish to make is that you bought three drinks and a spirit based drink at that time. That is four drinks in total not three. You accept that?,’’ Dr Collins KC said.
“Yes,’’ Mr Lehrmann replied.
“Until I cross examined you last Friday, you have always maintained, haven’t you, that you spent only $16 at the Dock Hotel,’’ Mr Collins KC said.
Mr Lehrmann said he had no explanation for how this may have occurred.
“I still just do not recall how how that occurred,’’ he said.
“You’re not able to assist his Honour with any additional source of funds, or any explanation at all?,’’ Mr Collins KC asked.
“I just can’t recall.”
Mr Collins KC also put to Mr Lehrmann that he told a close family friend, Lyndon Biernoff, that he spoke to Ms Higgins as he was leaving Parliament House.
“You told him, didn’t you, that you had spoken to Ms Higgins again before you left the ministerial suite on the 23rd of March, 2019,” Dr Collins probed.
“No,’’ Mr Lehrmann replied.
Earlier, the Federal Court heard that Lisa Wilkinson’s costs dispute against Network Ten has been transferred from the NSW Supreme Court to the Federal Court.
Ms Wilkinson has hired top defamation barrister Sue Chrysanthou SC and Gillis Delaney Lawyers partner Anthony Jefferies in February to defend her.
Brittany Higgins to return to witness box
Brittany Higgins, who accused Mr Lehrmann of rape, is the next witness to give evidence on Tuesday, marking a return to the witness box after the criminal trial collapsed following juror misconduct and concerns about the impact on her mental health.
Mr Lehrmann has consistently denied the allegations.
Mr Lehrmann, who remains unemployed since he left his job in 2021 when the allegations first emerged, told the Federal Court his occupation is law student.
He is being represented by a team of lawyers including two silks Matthew Richardson SC and Steve Whybrow SC.
His case is also being coordinated by specialist defamation law firm Mark O’Brien Legal led by Mark O’Brien, who has previously worked for Ben Roberts-Smith.
Mr Whybrow SC also represented Mr Lehrmann in the criminal trial with another barrister Katrina Musgrove. The barristers were engaged by Mr Lehrmann’s Canberra-based solicitors Kamy Saeedi Law.
Alleged rape “never happened”
On Friday, Mr Lehrmann told the federal court the alleged rape “never happened” during a dramatic cross-examination.
The former Liberal staffer was cross-examined about the night of the alleged rape for the first time on Friday by Network 10’s Dr Matt Collins KC.
Mr Lehrmann did not give evidence at the criminal trial but has conducted several television interviews.
A grim-faced Mr Lehrmann shook his head as the barrister put to him a graphic account of the alleged rape that he emphatically denied.
“I’m going to put a series of propositions to you and I’m going to get your response to them in respect of what happened while you and Ms Higgins were in the ministerial suite,” Dr Collins said.
“Did you come into the support staff area and find Ms. Higgins either semiconscious or passed out,’’ Dr Collins asked.
Mr Lehrmann denied this.
“Did you enter the minister’s office and find Ms Higgins on the minister’s couch either semiconscious or passed out?”
“No, I didn’t enter the minister’s office,” Mr Lehrmann said.
Dr Collins put it to Mr Lehrmann that “you had sexual intercourse with Ms Higgins on the couch”.
“I did not have sex with her,” Mr Lehrmann said.
Lehrmann denies ‘pashing’ Higgins at pub
Previously, Mr Lehrmann denied “pashing” Brittany Higgins in a nightclub, touching her legs, putting his arm around her or kissing her at a bar on the night she was allegedly raped.
In his third day in the witness box, Mr Lehrmann expressly denied kissing, touching or being intimate with Ms Higgins.
He accused another woman at the bar – Lauren Gain – of “fabricating” evidence that she saw Mr Lehrmann pashing Ms Higgins.
The claim of a kiss was raised during the opening of the trial but not pursued when Ms Gain was called to give evidence following a legal argument not heard by the jury.
Network 10’s barrister Matthew Collins KC put to Mr Lehrmann on Friday afternoon that he had been intimate with Ms Higgins at the 88mph bar.
Dr Collins then asked if he was touching Ms Higgins.
“Touching her on the legs and on the thigh,” he asked.
“No I was not,’’ Mr Lehrmann replied.
Dr Collins asked Mr Lehrmann if he put his arm around Ms Higgins and kissed her. Mr Lehrmann denied this.
“You deny kissing her,’’ Dr Collins asked.
“Yes,’’ Mr Lehrmann replied.
‘Drink that now’: Lehrmann denies urging Ms Higgins to get drunk
Earlier, Mr Lehrmann denied trying to get Brittany Higgins drunk and telling her “drink that now” at the pub, as he was cross examined today about the night of the alleged rape.
Later in the evening, 10’s barrister Dr Matt Collins KC asked Mr Lehrmann if he had pointed at a drink Ms Higgins had left on a table and said “Drink that now”.
“I disagree with that,’’ Mr Lehrmann said.