Legal columnist HUGH SELBY rejoices in the belief that former political staffer Fiona Brown is to receive an ex-gratia payment from the government to make it up for the wrongs done to her by those in Parliament House that ruined her health and her reputation over the Higgins-Lehrmann saga.

Because so many of my columns reflect man’s inhumanity to man, it is with a happy heart that I can share with you an unimagined, almost unimaginable example of topical niceness.

Of course you’ll remember the name Fiona Brown, a political staffer in Senator Reynolds’ parliamentary office at the time, as we now know on the balance of probabilities, that Bruce Lehrmann had his wicked way with an alcohol-stupefied Brittany Higgins.

Once Ms Higgins made known her poor recollection of that fateful night Ms Brown responded so well that Ms Higgins sent her a thank you (see below).

Thereafter, and again we know all of this because of evidence taken in Mr Lehrmann’s defamation litigation – the civil case in which having escaped the lion’s den of a criminal trial for rape, he chose to go back again to recover his hat, didn’t succeed and left that den still hatless with his reputation torn to shreds – Ms Higgins had a mental wobbly in which she not only forgot her “thank you”, but accused Ms Brown of being a part of the problem, rather than part of the solution.

Justice Michael Lee, in his judgment, wrote about Ms Brown and her evidence. Please absorb the following that I have edited (paras 268-279) and italicised for emphases: “ I had the opportunity of closely observing Ms Brown giving evidence over two days for approximately five hours. …. Despite having her health seriously affected by allegations of shameful conduct and (like the other principal actors) experiencing a torrent of social media abuse, she gave evidence in a calm way, and was responsive to questions.

One aspect of her evidence was particularly striking. Despite Ms Brown facing sustained pressure from her Minister … to report the incident to the AFP – even though she was unsure an allegation was then being made of rape and irrespective of the wishes of Ms Higgins – she pushed back.”

Thereafter he wrote: “[Ms Brown stood] up to her minister and the chief of staff of another minister when [she] thought they were intent on protecting their own interests at the expense of allowing a young woman to make her own decision as to whether she would involve the police – even at some risk to her professional career. This showed integrity in resisting pressure she subjectively considered inappropriate and evinced a concern for the autonomy and welfare of Ms Higgins. In these circumstances, to be later vilified as an unfeeling apparatchik willing to throw up roadblocks in covering up criminal conduct at the behest of one’s political overlords must be worse than galling.

“The attempts in cross-examination to impeach the integrity of Ms Brown’s contemporaneous note taking went nowhere. … to the extent there is a conflict between those notes and the evidence of Ms Brown with that of Mr Lehrmann, I unhesitatingly prefer the evidence of Ms Brown; the same goes for any conflict between the evidence of Ms Brown or the notes with that of Ms Higgins.

“… whatever shortcomings [in Ms Brown’s decisions] can be identified (including with the benefit of hindsight), she ensured she took considered advice from those in whom she reposed confidence, recorded, and acted upon that advice and, subject to the above, showed commonsense and compassion by her own lights.”

As Ms Brown herself put it, she did her “professional best with what was given” to her… If one wants to get a real reflection of the contemporaneous 2019 views of Ms Higgins, well before the attitude of Ms Higgins towards Ms Brown evolved in 2021 consistently with the development of the broader narrative of a cover-up, they are reflected in her text message:

“I wanted to say this in person but– I cannot overstate how much I’ve valued your support and advice throughout this period. You’ve been absolutely incredible and I’m so appreciative.”

That decision was published some 3.5 months ago, more than enough time for those embarrassed by their rush to pay Ms Higgins more than two million dollars, to read his Honour’s considered remarks and reflect on proper amends. And, apparently, someone did!

I understand “on the QT” that the wonderful Katy Gallagher, one of our two senators for the ACT, Minister for Finance and therefore empowered to make “ex gratia” payments, will soon be consulting with Attorney-General Mark Dreyfus KC and implementer of the pay out to Ms Higgins. 

Why? To make it up to Fiona, to put to right with an adequate payment the wrongs done to her, the wrongs by those in Parliament House, that ruined her health and her reputation.

This possibility was so unexpected, but so uplifting after learning how much we had paid the recently departed “found corrupt” CEO of the CIT to do no work and then leave.

I know nothing about how much might be on offer to Ms Brown, but I’d love to read the press release when the deed is done and dusted and see her smile. It’s time to see her done right.