Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/109

Higgins, in response, said "come on"; and although something was said by her, I cannot be certain of the precise words;

(6) at around 11:08pm, Ms Higgins finished Drink 9 in one hit, looks a tad unsteady on her feet (Ex R42 / Ex 17A (at 23:08:03–14)), and then joins Mr Lehrmann (who then quickly finished his drink) in walking towards the bar area (Ex R42 / Ex 17A (at 23:08:28); T278.46–279.5); Ms Higgins seems by this stage to be ebullient, putting her hands in the air and is evidently in high spirits; although it is easy to be distracted at this point in the video by two happy middle-aged ladies re-enacting what might be a scene out of Mamma Mia in the background, Mr Lehrmann can be seen talking with Ms Higgins and purchasing drinks, including a further spirit-based drink for Ms Higgins (Drink 10) (Ex R42 / Ex 17A (at 23:09:51); T280.27), which she subsequently consumed;

(7) thereafter, as time moves towards 11:20pm, Ms Higgins looks again less than entirely steady on her feet; and, by half-past eleven, things seem to be winding down: Ms Higgins can be seen focused on her phone; and, after speaking on her phone to Mr Dillaway at 11:36pm, at around 11:37pm, Ms Higgins got up while holding Drink 10 and engaged with Mr Lehrmann, Ms Gain and Mr Wenke (Ex R42 / Ex 17A (at 23:37:28); T282.25–33);

(8) at around 11:50pm, Ms Higgins picked up and skolled another drink (Drink 11) (Ex R42 / Ex 17A (at 23:51:03); T284.40–43) – notably the sixth spirit-based drink which Mr Lehrmann had observed Ms Higgins consume since his arrival – from a close review of the video, it is clear that Mr Lehrmann had again actively encouraged her to consume the drink.

398 I have no doubt that from his own observation, Mr Lehrmann must have been aware that a woman of Ms Higgins' stature consuming this much alcohol was likely to have become significantly inebriated.

399 Attached as Annexure D to these reasons are screenshots taken by Network Ten's legal representatives from the CCTV video (Ex R17–R30 inclusive), which record ten drinks consumed by Ms Higgins at The Dock (including the six drinks Mr Lehrmann observed Ms Higgins consume already mentioned above (at [397])).

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