David Sharaz concedes defeat in legal row with Linda Reynolds - and pleads with her to drop defamation action against Brittany Higgins in return:  'I cannot afford to pay legal costs'

David Sharaz has conceded defeat in his legal row with Linda Reynolds and said he won't fight her defamation action - and pleaded with the former senator to drop her litigation against his fiancee Brittany Higgins in return.

Senator Reynolds has been suing Ms Higgins and Mr Sharaz for defamation over several social media posts they published in 2022 and 2023 that she claimed damaged her reputation.

The defamation case centres on tweets by Ms Higgins and Mr Sharaz that she claims imply she pressured Ms Higgins not to proceed with a police complaint regarding the alleged rape, and that she interfered with Mr Lehrmann's trial. 

Mr Sharaz attempted to resolve the matter through mediation, but on Tuesday, he revealed that this had failed.

'Despite our best efforts, Linda Reynolds has not accepted attempts to resolve this matter through mediation, and Brittany may now be exposed to another trial. It will be her third.

'I cannot afford to pay legal costs to defend myself over a six week trial.

'As a result I have today informed the court that I will not fight Reynolds' legal action any more.

'I now appeal for Senator Reynolds to settle her litigation against Brittany, a rape victim, by agreeing to disagree and putting all of this behind them. It's time to move on.

'It's time to let Brittany heal.'

Earlier this month, Ms Higgins apologised to her former boss following a landmark Federal Court ruling that found on the civil standard that her former Liberal Party colleague, Bruce Lehrmann, likely raped her in 2019.

The verdict was delivered in Lehrmann's defamation case against Network Ten and journalist Lisa Wilkinson.

But Justice Michael Lee rejected Ms Higgins' claims Ms Reynolds was involved in a political cover-up of her sexual assault inside Parliament House.

After Justice Lee handed down his judgment, Senator Reynolds said: 'For three years, I have endured intense public scrutiny, vilification, vile trolling and have been demonised as the villain in a story of a political cover-up I have always known to be untrue.'

In her apology, Higgins said: 'Senator Reynolds and Fiona Brown have also been hurt and for that I am also sorry.

'My perceptions and feelings about what happened in the days and weeks after my rape are different from theirs. I deeply regret we have not yet found common ground.'

Reynolds responded to the apology the following day in a statement, and indicated her defamation action would continue.

'At enormous emotional and financial cost, I have fought for three years to expose the truth in relation to my conduct. Looking forward, I welcome Ms Higgins' olive branch and her commitment to engage with me to reach a resolution.

'What still lies between us are not different perceptions. It is a fact that Ms Higgins received our support and that there was no cover-up.

'If Ms Higgins does not accept Justice Lee's findings on the claims of cover-up and mistreatment then, regrettably, it will have to be proved again in our trial set for July this year.'

Among the defamatory imputations claimed against Mr Sharaz's tweets were that Senator Reynolds pressured Ms Higgins not to proceed with a genuine complaint to police, 'is a hypocrite in her advocacy for women's interests and empowerment', interfered in Bruce Lehrmann's trial and bullied Ms Higgins.

Senator Reynolds claims she was also defamed by Mr Sharaz's reply to a comment on her Facebook page that asked how she was still in politics having 'destroyed' Ms Higgins.

The commenter added, 'You're a monster who deserves to be in jail.'

Mr Sharaz responded: 'Thanks for reminding her. I hope she hears this every day until she dies', the senator's statement of claim says.

Ms Higgins is accused of posting defamatory material on two occasions on her Instagram and Twitter accounts.