A partial brief of evidence relating to the alleged sexual assault of Brittany Higgins by a fellow Liberal staffer in March 2019 has been handed to ACT’s top prosecutor.
The director of public prosecutions, Shane Drumgold, confirmed in a statement that on Monday he had “received a partial brief of evidence, and a request to provide advice for consideration of prosecution”.
The announcement comes one month after the head of the Australian Federal Police, Reece Kershaw, revealed in Senate estimates a brief was likely to be sent by ACT police to the ACT DPP.
A brief of evidence is sent to prosecutors once investigators consider enough evidence has been gathered to substantiate a criminal charge.
Higgins alleges she was raped by her colleague in the parliament office of the then defence industry minister, Linda Reynolds, in the early hours of the morning on 23 March 2019.
Higgins first reported her allegation that she was sexually assaulted to Reynolds’ chief of staff on 26 March 2019, and spoke subsequently to federal police at Parliament House. The accused man’s employment was terminated on 5 April, 2019.
In February, Higgins told the Guardian that ACT police reported “pushback” from parliament as officers tried to secure critical information. The Guardian was told that the incident report was withheld initially from the AFP and was handed over only after police escalated their request.
Higgins withdrew the complaint and went on to campaign for the Coalition’s re-election in 2019 and worked for the employment minister, Michaelia Cash.
In February 2021, after going public with the allegation, Higgins re-engaged with police by making a formal complaint and calling for the alleged perpetrator to “face the full force of the law”.
Higgins’s decision to speak out about her experience has prompted two reviews into the workplace culture of parliament, including one by Stephanie Foster in the Department of Prime Minister and Cabinet and one by sex discrimination commissioner Kate Jenkins.
The Foster review found parliamentary staff in Canberra need a new independent complaints mechanism to deal with incidents of alleged sexual assault and harassment along with serious bullying.
In June, Higgins was hospitalised to safeguard her mental wellbeing after months of unrelenting scrutiny following her explosive allegation.
Scott Morrison has insisted he and his office were unaware of the sexual assault allegation until February 2021.
Morrison has asked his department head, Phil Gaetjens, to examine whether there was any contact between Higgins and members of his staff about the sexual assault before February this year.
An inquiry was also undertaken by Morrison’s chief of staff, John Kunkel, into the alleged backgrounding against Higgins and her partner, David Sharaz, by Morrison’s staff.
Kunkel concluded he was “not in a position to make a finding that the alleged activity took place” but warned “the fact those allegations have been made serves as an important reminder of the need for [the prime minister’s] staff to hold themselves to the highest standards”.
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