As the Senator Reynolds’ defamation trial against Brittany Higgins continues to unfold, it will be interesting to observe how Reynolds will present evidence which proves how Higgins had made false statements about her to a third party, and how these statements had caused her reputational damage.
In a news report earlier today, lawyers from both sides led with arguments that would ultimately need to prove whether the statements communicated by the defence would lower or harm the plaintiff's reputation, from the viewpoint of the "ordinary reasonable reader/listener/viewer" that is, a hypothetical person.
Senator Reynolds’ lawyer, Mr Bennett, chose to distinguish between “facts and feelings”, describing “Ms Higgins’ truth" was completely different to "the truth", and how “she felt” about the way Reynolds had failed to support her was not the “objective facts of the case”.
Ms Higgins’ lawyer, Rachael Young SC, described the power imbalance between the status of the women, the plaintiff who was the employer, a senior politician; and the defendant, an employee, a junior staffer, who reported she was raped at work.
In any investigation, identifying communications as to who said what, when and where across many different platforms, such as email, SMS, messaging, and then pulling it all together in a coherent way is difficult to do. And then, to distil these communications in a defamation suit, it becomes even more important to understand the status of the communicator, the context and sentiment of how these communications were made.
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Read the full report here
