Two Liberal MPs have broken ranks to demand a police investigation into the leaking of Brittany Higgins’ private text messages to the media.
Network Ten has lodged a police complaint over the leak after a tape of Lisa Wilkinson and Brittany Higgins ended up on a rival channel.
It includes Ms Wilkinson describing former defence Minister Linda Reynolds as “a nobody” and an “idiot”, and saying “who is this f***king woman”.
The Australian Federal Police’s sensitive investigation board is now examining the matter after the lawyers acting for the Ten Network demanded action.
Liberal MP Bridget Archer, a survivor of child sex abuse said she was concerned the leaks could have a chilling effect on victims coming forward.
“We know sexual assaults are underreported as it is. It’s very difficult for victim survivors to come forward and share their stories and these sorts of things don’t help,’’ she told news.com.au.
“It’s been provided confidentially if you like to assist with a court process, to then have it in the media, you know, I guess for other purposes. I think it is distasteful.
“Privacy legislation generally sort of works on the principle that you provide information for a specific purpose.”
Liberal senator Andrew Bragg also called for a police investigation into the matter.
“I think this whole thing has been a tawdry affair, and it is hugely regrettable how it’s played out publicly, I don’t know how these messages have been put into the public domain,” Liberal Senator Andrew Bragg told ABC Radio.
“I don’t know how these messages have been put into the public domain. I expect that there will be a proper investigation into that. Because I mean, why would anyone come forward with allegations of assault if this is the result?
“I mean, this can’t happen again.”
The leaked audiotape first aired in a televised interview with the Seven Network on the Spotlight program and has also been leaked to The Daily Mail, The Australian newspaper and Sky News.
It was never released by the ACT Supreme Court during the trial, although parts of it were played to the jury.
The furore could lead to changes to privacy laws with the Attorney-General Mark Dreyfus raising concerns in parliament.
Mr Dreyfus said he was “deeply concerned about the apparent unauthorised publication of material produced as a result of a subpoena in the criminal trial of Mr Bruce Lehrmann”.
“Material produced to a court in response to a subpoena is subject to an implied undertaking from the parties who receive it that it won’t be used for purposes other than for those court proceedings,’’ he said.
“It’s a rule known as the Harman rule or the Harman undertaking. To breach it may constitute a contempt of court.
“I do understand that the Australian Federal Police has received a complaint in respect of this matter and that the AFP is currently assessing that complaint.”
Thomson Geer law firm partner Marlia Saunders, who is acting for Network Ten in the defamation proceedings, has confirmed she has made a complaint to Australian Capital Territory Policing.
Ten has complained that material used was obtained via coercive subpoenas for the criminal trial and should never have been shared with the media.
“Last Wednesday, Ten made a complaint to the AFP requesting they investigate an apparent contempt of court,” Ms Saunders told news.com.au.
It relates to material produced under an AFP warrant and a subpoena issued in the ACT Supreme Court which Ms Saunders said “appears to have been disclosed to the media in breach of the implied undertaking.”
“The AFP yesterday confirmed the complaint has been received for consideration,” she said.
The leaked texts include private discussions with Ms Wilkinson’s husband Peter FitzSimons over a $325,000 book deal and Mr Sharaz describing then-Prime Minister Scott Morrison as a “c***t”.
The contents of Ms Higgins private text messages – provided to the police and lawyers during the criminal trial – have also been leaked by persons unknown to media outlets.
In those text messages, Mr Sharaz also suggested he had forwarded to Senator Gallagher the entire transcript of Ms Higgins interview with Channel 10’s Lisa Wilkinson – before the story went to air.
It does not appear to date that Channel 10 had any idea that Mr Sharaz had forwarded the transcript – which was also a signed statutory declaration – to other parties before the broadcast.