An investigation has found no "first-hand" evidence Prime Minister Scott Morrison's media team gave negative briefings to journalists against the partner of Brittany Higgins, finding such claims would only be based on "hearsay".
Mr Morrison tabled the findings of the internal inquiry conducted by his chief of staff John Kunkel on Tuesday, following scrutiny from Labor senators over the government’s response to the allegations in Senate estimates.
"My chief of staff found in the negative," Mr Morrison said.
But the report’s language is less decisive, with Mr Kunkel stating he is not in a position to make a finding that the alleged activity took place based on the evidence before him.
Ms Higgins, a former Liberal Party staffer, came forward with allegations in February that she was raped by a male colleague in then-defence industry minister Linda Reynold’s office inside Parliament House in March 2019.
She wrote to Mr Kunkel in March requesting he examine whether government staff had briefed journalists against her partner David Sharaz. Mr Morrison also ordered an internal investigation into the claims.
Mr Kunkel spoke with Ms Higgins, all senior members of the prime minister’s media team, as well as journalists connected with the allegations, according to the report.
In it, he states that the alleged backgrounding would constitute “serious allegations that go to the professionalism and integrity of the media team".
"On first-hand evidence before me, however, and bearing in mind the seriousness of the allegation that you have asked me to investigate, I do not make a finding that negative briefing against Mr Sharaz of the sort alleged has taken place," the report said.
"In the context of my inquiry, such a finding would be based upon hearsay (in some instances, second-or third-hand). The evidence before me falls well short of the standard that would be needed to arrive at such a finding in conformity with due process.”
In response, Labor Senator Penny Wong accused Mr Morrison and his staff of being prepared to “walk over” an alleged rape victim and her partner in order to protect their own reputations.
“Surprise, surprise, - found in the negative. It was your fault and it was your fault it was never the prime minister's responsibility, ever,” Labor Senator Katy Gallagher told Senate estimates on Tuesday.
The report notes in her interview, Ms Higgins referred to journalists telling her that Mr Sharaz had been portrayed as “disgruntled” following his tenure at the Department of Prime Minister and Cabinet and as a journalist at Sky News.
It says her evidence recounts how there was an assertion Mr Sharaz's apparent “grudge” was believed to be behind Ms Higgins’ decision to come forward to the media about her rape allegation.
Ms Higgins re-stated she believed the PMO media team had been involved in backgrounding against Mr Sharaz, but was not comfortable naming any journalist/s as the source.
The report says journalists interviewed through Mr Kunkel's investigation "made reference to ‘corridor conversations’ in the days immediately following initial media reports of Ms Higgins’ alleged sexual assault".
However, no member of the press gallery interviewed in the process were prepared to recount, or was in a position to substantiate, first-hand experience, it says.
All senior members of the media team rejected the allegation of background with the intent to undermine the reputation of Mr Sharaz.
Labor senators had earlier named three staffers under Parliamentary privilege accused of having backgrounded against him.
In his report, Mr Kunkel said the evidence secured through interviews in the inquiry fell “well short of the standard” that would be needed to arrive at a finding in “conformity with due process”.
“In arriving at that conclusion, I do not deny that the beliefs of Ms Higgins are sincerely held,” he said.
“Plainly they are. My conclusion based on the evidence presented to me, should in no way be taken as a reflection upon the honesty or sincerity of Ms Higgins.”
