LIVE BLOG: Linda Reynolds v. Brittany Higgins defamation case - day eight

Scott Morrison's clash with Brittany Higgins' barrister Rachael Young SC continued on Tuesday.

The former PM was being asked about a security breach that was triggered when Ms Higgins and Bruce Lehrmann entered Linda Reynolds' office in the early hours of March 23, 2019 - the night of the rape.

He told the court that he was not informed about the breach, or the rape, until Ms Higgins went public with her rape claims in 2021.

Ms Young asked whether he was disappointed because he only found out about Ms Higgins' rape allegations in 2021, rather than 2019 when the incident happened.

Ms Reynolds' lawyer Martin Bennett objected, so Ms Young asked the question a different way: 'Were you disappointed that you only found out about the security breach in the senator's office in 2021?'

Mr Morrison almost laughed as he said: 'So now you've changed the question - are you asking about the security breach or the question?'

She explained there was an objection to her previous question so she rephrased it.

Mr Morrison said he would have expected to have been advised at the time, but Ms Reynolds and her staff hadn't wanted to compromise Ms Higgins' confidence by telling the PM.

He was then asked about the moment Ms Reynolds called Ms Higgins a 'lying cow' in an open part of her ministerial suite.

At that time, there were calls for Ms Reynolds to be stood down.

'A minister calling anyone a cow, particularly a female, was unacceptable,' he said.

Ms Young asked: 'Particularly in respect to a rape complainant?'

He replied: 'A whole host of things, but I found this statement by Ms Reynolds to be particularly out of character - it's not OK for ministers to speak this way about anyone.

'She referred to [Ms Higgins] as a cow and that was absolutely outrageous and one shouldn't do that and she apologised and I thought that was the end of that.'

Ms Young asked whether he told Ms Reynolds to apologise.

He said: 'I didn't have to.'

Ms Young asked again: 'Did you tell her to apologise?'

He said, forcefully: 'I didn't have to.'

Ms Young asked: 'Is that a no?'

He confirmed that he meant to say 'no' in response to that question.

Ms Young asked whether he listened to calls for Ms Reynolds to be stood down over her 'lying cow' comment.

Mr Morrison said: 'If ministers were stood down every time they apologised, we wouldn't have a member left standing in the Senate.'

There were audible gasps from the public gallery, which was unusually full for Mr Morrison's evidence.

Scott Morrison emphasised that Linda Reynolds was let down by parliamentary processes, rather than by her own conduct.

'I want to make that very, very clear,' he said.

Mr Morrison spoke emphatically while cutting Ms Higgins' barrister Rachael Young SC off a number of times, before apologising and allowing her to continue her line of questioning.

The questions referred to parliamentary processes that were in place on March 23, 2019 - when Ms Higgins was raped.

Mr Morrison ordered a review of the processes on February 16, 2021 - the day after Ms Higgins' rape claims were made public.

Ms Young asked: 'You ordered a review responding to serious incidents and, in effect, a review of complaints having previously been made in Parliament?'

He replied: 'Yeah and that was proven to have significant deficiencies and let people down, including Ms Reynolds.'

Ms Young asked: 'And Ms Higgins?'

He said: 'Of course.'

He spoke over Justice Paul Tottle at one point, before he backtracked and apologised.

At another point, he tried to tell Ms Young that her question wasn't relevant.

Justice Tottle intervened: 'Mr Morrison, unless there is an objection to the question, and there hasn't been, you are required to answer the question.'

The judge's statement followed a line of questioning about the report he ordered on February 16, 2021.

Ms Young asked: 'That inquiry was in relation to the matters of February 15?'

He said: 'The inquiry was in relation to workplace safety at parliament - my understanding was that it was more specific than that'

Ms Young continued: 'What was your understanding as to the scope of that inquiry?'

He replied: 'It was more specific.'

Ms Young asked what he meant by 'more specific', to which he said the inquiry 'wasn't dealing with the matters on February 15,' by which he meant Ms Higgins' rape.

Ms Young asked: 'What was it dealing with?'

He replied: 'Other matters.'

There was a strained silence in the court.

Ms Young continued: 'Which were?'

Mr Morrison said: 'Not related to those matters.'

She asked if he could specify, to which he said 'I don't see the relevance'.

Following Justice Tottle's intervention, the former PM said the inquiry was 'in relation to other allegations made at a later time regarding what members of my office may or may not have done, but they don't relate to the events of what happened in 2019 or the issue of the handling that were raised on February 15.'

Scott Morrison told the court on Tuesday that Brittany Higgins seemed 'particularly agitated' about the fact that a minister could fire members of staff who were accused of wrongdoing.

His meeting with Ms Higgins took place after she went public with her allegations against her former colleague Bruce Lehrmann and her former boss, Linda Reynolds.

Mr Morrison said: 'I do know Ms Higgins seemed very agitated around the arbitrary nature of dismissal when staff members are accused of something and ministers dismiss them.

'That's essentially what happened, another member of staff involved in these matters was dismissed.'

In the days following the rape in March 2019, Lehrmann was fired as a Liberal staffer due to serious misconduct - not for the assault itself, which had not been alleged at that time.

Mr Morrison continued: I was surprised this seemed dominant in her mind, but that's what she wanted to focus on.'

Brittany Higgins' barrister Racahel Young SC then asked about his apology to her in Parliament in February 2022.

She relayed part of that apology to jog his memory, to which he said 'it's on the public record'.

Every time Mr Morrison was asked to recollect something he said in Parliament House, he would respond by saying: 'It's in the Hansard, on the public record.'

He never confirmed that he recalled anything he said in Parliament.

His evidence concluded before the lunch adjournment. Court will resume at 2.15pm local time, 4.15pm AEST.

Scott Morrison told the court that Brittany Higgins' claims the government covered up her rape was 'completely and utterly false without any foundation'.

The former PM had been asked about the period of time after Ms Higgins made her allegations in a News Corp article and in a televised interview on Network Ten on February 15, 2021.

In the wake of those claims, Linda Reynolds faced aggressive questioning in the Senate over the alleged cover-up.

He said the questions were 'intended to discredit her - the weaponising of this issue to discredit Ms Reynolds at that time, and myself'.

Last week, Ms Reynolds told the court she was a wreck after the gruelling week in the Senate.

On Tuesday, Mr Morrison described her as being distressed and fragile at the time.

'There was one day where Linda was unable to continue and asked the President of the Senate to be excused,' he said.

'She was suffering significant anguish.

'She was in a very distressed state and I expressed my strong support for her ... It was very distressing to see, such a good friend.'

Ms Morrison said he had no idea about Ms Higgins' rape, which took place in 2019, prior to when they were publicly aired in 2021.

During cross-examination by Ms Higgins' barrister Rachael Young SC, he told the court that he was not aware there was a security breach in 2019 - when Ms Higgins and Bruce Lehrmann entered Parliament while drunk, on the night of the rape.

Scott Morrison appeared in the WA Supreme Court on Tuesday morning via video link.

He wore a black suit and held a Bible up to the camera as he closed his eyes and made an oath to tell 'the truth, the whole truth, and nothing but the truth'.

Linda Reynolds addressed the Coalition Party room in Parliament House on Tuesday morning and said she will lose her house over the defamation proceedings.

According to Sky News, Ms Reynolds has chosen to continue with the defamation action for the benefit of herself and her family.

She reportedly called the Labor Party 'dogs' and blamed them for 'destroying' her life.

First up on the witness stand on Tuesday is Linda Reynolds' former press secretary, Nicky Hamer.

Last week, Ms Reynolds told the WA Supreme Court that she initially believed Ms Hamer was the person who leaked her 'lying cow' comment about Ms Higgins to the media.

Ms Hamer gave evidence in Bruce Lehrmann's 2022 criminal trial in the ACT Supreme Court, and in his defamation case against Network Ten and Lisa Wilkinson in the Federal Court last year.

She has never been asked about the 'lying cow' comment in a court.

During the 2022 trial, Ms Reynolds texted Lehrmann's defence barrister Steven Whybrow SC and said: 'If you have messages between Brittany and Nicky, they may be revealing.'

Ms Reynolds was a witness for the prosecution at the time and had not yet given evidence, which meant she was not allowed to watch or engage with court proceedings.

Last week, she told the court the text to Mr Whybrow was purely because she knew Ms Hamer was with Brittany Higgins and Lehrmann on the night of the assault and simply believed she might have texts of interest.

She denied trying to help the defence.

Former prime minister Scott Morrison will give evidence in the WA Supreme Court on Tuesday via video link.

Mr Morrison was the leader of the Coalition in 2019 when Ms Higgins, a Liberal staffer, was raped by her colleague Bruce Lehrmann inside Linda Reynolds' ministerial suite in Parliament House.

Ms Reynolds was the defence industry minister at the time.

The Coalition was still in government in February 2021, when Ms Higgins went public with her rape claims in an online News Corp article and a television interview on The Project.

Her claims were a disaster for the Liberal Party - Ms Reynolds was grilled over the situation for a week during Question Time, to the point where she had a complete breakdown and nearly died due to a heart condition - the court has heard.

She was accused of trying to cover up the rape, failing to support Ms Higgins, and making her choose between going to the police and her political career.

Ms Reynolds strongly denies those claims, but she didn't properly defend herself at the time because she didn't want to betray Ms Higgins' confidence.

She also didn't think a criminal allegation should be litigated under the protection of parliamentary privilege.

In court last week, Ms Reynolds told the court she left the Senate on the final day of questioning and fell apart - her knees buckled, she had terrible chest pain, and Mr Morrison consoled her.

(Pictured below: Linda Reynolds with Scott Morrison)

A month later, in March 2021, it was revealed that Ms Reynolds called Ms Higgins a 'lying cow' in an open part of her office, in front of staff, while she watched The Project broadcast.

Ms Reynolds said she was referring to Ms Higgins' claims against her, rather than the rape itself.

Mr Morrison condemned her comment and moved her out of the defence portfolio.

On March 25, 2021, Mr Morrison appeared on A Current Affair and was grilled over Ms Higgins' rape claims by former host, Tracy Grimshaw.

That interview will be raised in court on Tuesday.

About a year later, in February 2022, Mr Morrison stood up in Parliament House and apologised to Ms Higgins. At that time, Lehrmann had been charged with rape and was due to face trial four months later.

He said: 'I am sorry. We are sorry. I am sorry to Ms Higgins for the terrible things that took place here.

'The place that should have been a place for safety and contribution, turned out to be a nightmare.

'I am sorry for far more than that. All of those who came before Ms Higgins.

'And enjoyed the same, but she had the courage to speak, and so here we are.'

Court will resume at 10.30am local time, 12.30pm AEST.

(Pictured below: Brittany Higgins in Parliament House, watching Scott Morrison's apology in 2022)