Victims of Crime Commissioner Heidi Yates has given harrowing evidence of calling an ambulance for Brittany Higgins when she believed there was an immediate threat to her life.
In her first day of evidence at the inquiry into the investigation and prosecution of Bruce Lehrmann, Ms Yates has revealed she was reluctant to canvass the private matters but had sought Ms Higgins permission to do so.
Detailing the multiple mental health incidents and hospitalisations that followed during her engagement with Ms Higgins, she revealed one incident followed the delay to the trial that followed Lisa Wilkinson’s Logies speech.
She said despite repeated attempts to secure mental health counselling and support for Ms Higgins, she was struck throughout her contact with Ms Higgins by how isolated she was and how few people she trusted.
“I was surprised, as Miss Higgins started to trust me, just how small that circle of trust was,” she said.
“There’s no doubt that she had contact with many people. But Ms Higgins’ privacy was very important to her, and other than her partner and immediate members of her family, there were very few people that she was trusting at that time.”
In May 2021, after she had conducted a second evidence in chief interview and had a bruising encounter with police, Ms Yates said she was told by police they had found evidence that Ms Higgins was searching for information about how to end her life.
“During that phone call, Detective Supt Moller told you that police were accessing Ms Higgins’ phone?,’’ counsel assisting Erin Longbottom said.
“Yes,” Ms Yates responded.
“And he expressed to you some concerns about what he found on that phone. Yes. Can you identify what those concerns were?,” Ms Longbottom asked.
“I’m just pausing here noting that these are sensitive matters,’’ Ms Yates responded.
“Supt Moller informed me that they had access to material on her phone and they were concerned that she was looking at suicide and self harm websites,” she said.
“Correct me if I’m wrong about this … the permission of Ms Higgins has been sought and obtained in order to publicly give evidence about that part of your statement?
“Yes,” Ms Yates said.
“I asked her whether her psychologist was someone that she could trust around how she was feeling, and she said that, no,” Ms Yates told the inquiry.
Ms Yates said that Ms Higgins indicated that some of the reasons that had stopped her from considering self harm in the past were no longer in place.
“She was talking about the fact that every time she went online, there was a furore,” she said.
“People were contacting her all the time. She can’t get away from it, she can’t get around the constant contact. She said for the last 100 days, ‘I’ve been finding out more about what’s happened to myself from TV’, and I don’t know how to make that better anymore.”
Ms Yates ultimately called an ambulance for Ms Higgins to secure urgent mental health treatment.
She then detailed incidents on 16 August 2021, ten days after a summons was served on Mr Lehrmann, in late April 2022 and in June 2022, the day on which temporary stay application was granted.
“That was in relation to comments made at the Logies,” she said.
She also held concerns in September 2022 and was involved in assisting Ms Higgins secure hospitalisation during trial.
Ms Yates was also grilled on whether it was appropriate to support Ms Higgins by walking into court with her and how this related to her responsibility to uphold the right to the presumption of innocence.
“What do you say about the criticism about your decision to be that public face of support with Ms Higgins and the perception at least that infringed on the presumption of innocence of this dilemma?,” counsel assisting Erin Longbottom said.
“Those perceptions concern me greatly. And whilst they weren‘t raised during the trial, they’ve certainly been raised afterwards and need to be considered,’’ Ms Yates responded.
“In my view, those concerns, perhaps reflect a misunderstanding of my role in the justice system, noting that the ACT government in balancing rights has enabled my office to provide support and assistance to clients as they move through the criminal justice process.
“Police have the duty to investigate … and the defence counsel defend their clients right. So, if that is known and understood. I think that together we can in fact improve community faith in the justice system.”
Earlier, Ms Yates gave evidence about how she became involved in advising Ms Higgins and supporting her during the trial.
She revealed she was tipped off about the rape allegation weeks before the story broke on January 30, 2021, after she spoke at a community event.
She said another speaker approached her and said he knew of a woman who was going to make a sexual assault complaint that would “likely attract media attention.”
“By April, Ms Higgins had been public about her allegation of sexual assault and there was an interview broadcast on The Project of that year, and on April 26 you received an email from Ms Higgins’ partner,’’ counsel assisting Erin Longbottom said.
Ms Yates replied ‘Yes’.
Ms Longbottom then added: ‘”You knew Mr Sharaz from his time as a local news journalist in Canberra?”
“Vaguely, yes,’’ she replied.
The hearing continues.