Anthony Albanese has denied that the finance minister, Katy Gallagher, misled the Senate by insisting “no one had any knowledge” before Brittany Higgins made her rape allegation in February 2021.
The opposition is continuing to press Gallagher for an explanation of her evidence to Senate estimates, which has come under question due to the release of text messages between Higgins and her partner, David Sharaz, suggesting contact with Gallagher four days before the story broke.
News of Higgins’ allegation, which former staffer Bruce Lehrmann has vehemently denied, broke on 15 February 2021 in a news.com.au article and an interview aired later that evening on Channel 10’s The Project.
The initial trial was aborted last year due to jury misconduct and prosecutors dropped the charges against Lehrmann earlier this year amid concerns about the impact a second trial could have on Higgins’ mental health.
In a heated exchange on 4 June 2021 under questioning from Gallagher and Labor’s Penny Wong about her office’s handling of the alleged rape, the then minister for government services, Linda Reynolds, said: “I know where this started.”
Asked to explain, Reynolds said: “I was told by one of your senators two weeks before about what you were intending to do with the story in my office. Two weeks before.”
Wong said she had “no knowledge of this until that night”, an apparent reference to the evening of the interview airing on 15 February 2021.
Gallagher said: “No one had any knowledge. How dare you. It’s all about protecting yourself.”
Reynolds later told estimates that she had “a very respectful discussion during the dinner break” with Wong and Gallagher “and they’ve assured me they were not involved in that matter becoming public”.
Text messages published by the Australian suggest on 11 February 2021 Sharaz texted Higgins: “Katy is going to come to me with some questions you need to prepare for … She’s really invested now ha ha.”
“She’s an old friend. We opened a chair together! So you can trust her.”
Higgins replied: “going forward pass my details onto Katy. I’m happy to talk to her.”
Later that day Sharaz reportedly told Higgins: “Katy Gallagher messaged me. She’s angry and wants to help. She’s got the context. Says they knew something was wrong because they fired Bruce and not you. They avoided a scandal.”
Higgins: “Can I see her message?”
Sharaz: “Yep! I gave her [The Project] interview for context. I hope that’s okay? She’s not doing anything with it. But I’m also happy to step out and let her talk to you if you want. Basically, I wanted her to get all the context because it’s so complicated.”
Higgins: “That’s fine. It’ll all be public pretty soon anyway haha.”
Asked on Channel Seven’s Sunrise if Gallagher had misled the Senate, Albanese replied: “No.”
When it was alleged the estimates exchange proved she did, Albanese replied: “It did not … What is being suggested here by Peter Dutton, you had allegations by a Liberal staffer that another Liberal staffer had a sexual assault in a Liberal minister’s office and somehow Katy Gallagher has some responsibility for what was going on here? This is bizarre.”
Albanese said it was “farcical” for the Coalition to “talk about transparency” when the Gaetjens report into what Scott Morrison’s office knew was never released.
The deputy opposition leader, Sussan Ley, said there were “serious and concerning issues” raised, warning “if any politician or journalist sought to politically profit from a rape allegation then that is just morally bankrupt”.
Ley accused Gallagher of “not answering basic questions” and going into “hiding” rather than explain “the remarks that she made, which was that she didn’t know, that she had no knowledge of the allegations prior to them becoming public”.
Reynolds has said she will refer Higgins’ settlement of her personal injury claim against the commonwealth to the National Anti-Corruption Commission.
The Greens leader, Adam Bandt, said “disgusting political mudslinging over Brittany Higgins’ brave decision to speak out sends the wrong message”.
“Women should be able to come forward without worrying that their text messages will be splashed across the media. Nothing we have seen so far suggests the need for an inquiry or referral to the Nacc.”
The education minister, Jason Clare, said that Gallagher had answered questions on ABC Radio on Thursday. “She is a person of the utmost integrity … if the Liberal party want to refer this to the anti-corruption commission then fill your boots.”
In that ABC Radio National interview, Gallagher was asked only if Sharaz was a friend, not to account for her claim “no one had any knowledge” or whether this constituted misleading the Senate.
“I have nothing further to add to this,” Gallagher said. “I’ve been very clear with those reporting this story with my responsibilities and how they relate. Particularly, it’s been raised in relation to a settlement, or compensation package in relation to Ms Higgins.
“I had absolutely no role in that at all. And I think that’s all I need to say.”
Gallagher said she knew Sharaz “from my previous role, he was a journalist here in Canberra when I was chief minister, so I knew him”.
“But I have nothing further to add. My statements are all on the record and I’m comfortable with those.”
Guardian Australia contacted Gallagher, Wong and Albanese for comment.
