David William Wonnocott, 50, has been charged with using a carriage service to menace and threaten to kill.
The Tweed Heads man sent death threats to Higgins and her partner David Sharaz, while he separately harassed NSW politician Alex Greenwich.
In the threats, Wonnocott said he did not believe Higgins’ claims that she was raped in Parliament House by Bruce Lehrmann.
He also expressed disapproval of the LGBTQI community, Judge John Pickering noted during a hearing today.
In a victim impact statement expected to be tendered, Sharaz described how he and his now-wife “became fearful of their safety” after receiving the threats, the court was told.
After pleading guilty in February, Wonnocott appeared for sentencing at Lismore District Court wearing a blue Hawaiian shirt.
But the case was adjourned until November after his barrister, Susan Kluss, successfully argued it would be better for her client to see a psychiatrist and get a report for the court.
Wonnocott hopes to use his mental health diagnosis to reduce any sentence imposed.
Judge Pickering noted a psychologist’s report, which suggested the 50-year-old had personality disorder and depression but did not specifically diagnose him, could not be used for this purpose.
The Tweed Heads man was now “stable” after being treated with anti-depressants and seeing his psychiatrist, Kluss said.
The judge questioned how mental health could be used to describe behaviour based on Wonnocott’s “highly entrenched” views against the LGBTQI community and Higgins as a survivor of alleged sexual abuse.
He would have to give evidence in court to ensure that any psychiatrist report had any weight, Judge Pickering said.
The crown prosecutor did not oppose the application but also queried whether the report would be useful.
An adjournment was granted after Judge Pickering said it would be in the interests of justice to allow Wonnocott to put his best case forward with whatever evidence he wished to use.
The judge noted the Crown was pushing for full-time imprisonment, while the defence was opposing that.
Higgins received a barrage of abuse on social media after going public with allegations that she was raped by a colleague at Parliament House in 2019.
Ex-Liberal Party staffer Lehrmann was charged in 2021 with sexually assaulting Higgins, but his trial in the ACT Supreme Court was aborted due to juror misconduct.
Denying any sexual conduct, Lehrmann sued Network Ten for defamation over an interview with Higgins aired on The Project.
The Federal Court tossed the case after finding the former Liberal staffer raped Higgins, based on the balance of probabilities.
Higgins and Sharaz have moved to France and on Sunday announced on social media that they would be having a baby.