Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/108

not that she would have, given she was not challenged on her evidence she consumed the drinks (which accords with commonsense, given the prices that were being paid for them).

397 The evidence also establishes that Mr Lehrmann was aware of the following consumption by Ms Higgins (using the drink numbers from the table) while at the Dock:

(1) at around 8:51pm, shortly after Mr Lehrmann's arrival, Ms Higgins, with a spirit-based drink in hand (Drink 6), joins the smaller courtyard table with Mr Lehrmann, Mr Wenke, and Ms Gain (Ex R42 / Ex 17A (at 20:51:38));

(2) at around 9:34pm, Mr Lehrmann buys a spirit-based drink for Ms Higgins (Drink 7) and three beers for the small table (Ex R42 / Ex 17A (at 21:34:58));

(3) slightly over half an hour later, at around 10:09pm, Ms Higgins buys herself another drink (Drink 8) and returns to the small courtyard table (Ex R42 / Ex 17A (at 22:09:31); T270.11–23) – incidentally, in the absence of Mr Lehrmann, the CCTV captures Ms Higgins showing apparent signs of impairment, swaying back and forth and struggling to maintain balance while standing at the bar before returning to the small table (Ex R42 / Ex 17A (at 22:08:28));

(4) about twenty minutes later, Mr Lehrmann, Ms Higgins and Ms Gain had returned to the large table; and about ten minutes after that (at 10:34pm), it is evident Mr Lehrmann collects three spirit-based drinks on the table and pushes them towards the corner of the large table close to where Ms Higgins was standing (Ex R42 / Ex 17A (at 22:34:20–28); T272.14–16); my close review of the video has not allowed me to conclude that in doing so he said "All hers, all hers" to Ms Gain (indicating that the three drinks were for Ms Higgins) or exactly what words passed between Ms Higgins and Mr Lehrmann, but whatever was said, I am amply satisfied from viewings of the video that Mr Lehrmann was, by his actions, encouraging Ms Higgins not to let the collected drinks go to waste and encouraging further consumption by her (with Ms Higgins playfully resisting the suggestion she drink them by patting Mr Lehrmann on the shoulder) (Ex R42 / Ex 17A (at 22:34:31));

(5) at around 10:42pm, Mr Lehrmann handed Ms Higgins a spirit-based drink (Drink 9) (Ex R42 / Ex 17A (at 22:42:21); T275.6–8) after she came back to the large table – being, it appears, the fourth such drink he had observed Ms Higgins consume since he had arrived (T275.10–11) (cf MFI 64 (at 22:34:02)); it is not entirely clear that Ms

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