satisfied that there was any "falling up the stairs" so as to sustain the bruise recorded in the bruise photograph as Ms Higgins belatedly suggested (and given how a body would likely "fall up" to strike ascending stairs, it is not immediately obvious to me how the bruise photograph depicts such an injury – assuming the photograph existed in 2019).
415 Ms Gain also told the Court she formed a view, based on her previous observations of alcohol on Ms Higgins, that Ms Higgins was intoxicated. She knew the difference between when Ms Higgins was and was not drunk, and she characterised Ms Higgins as drunk at 88mph (T1106.25–33; T1116.37–43). I accept that this was her genuine view informed by observing her over an extended period that night, that this view accorded with the reality of Ms Higgins' condition.
IXLeaving 88mph and the Journey to Parliament House
416 By about 1:30am, the group resolved it was time to go.
417 Ms Gain and Mr Wenke agreed to share an Uber or taxi as they lived in the same direction (T1123.23–31). Ms Gain could not recollect leaving 88mph (T1107.27–31).
418 Ms Higgins' present recollection was that someone told her that she and Mr Lehrmann lived in the same direction and by that stage, she was "so compliant" that she agreed and got into a cab or Uber with him (T621.23–41).
419 Mr Lehrmann's evidence was that everyone left 88mph at the same time and that he indicated to the group that he had to go back to Parliament House to get his keys (T121.1–2). He further asserted that Ms Higgins indicated that she needed to go to Parliament House and, consequently, he suggested that they should share an Uber (T121.9–12).
420 I reject both these accounts.
421 Mr Lehrmann's account is risible. Ms Higgins was the most junior and recent member of Senator Reynolds' office. What possible reason was there for this heavily intoxicated young woman, who had earlier seen no need to carry her parliamentary pass, go back to work after a night on the tiles? It is not as if one can readily envisage what work was necessary to be done by a junior media advisor at a ridiculous hour on a Saturday morning. Further, if the reason Mr Lehrmann needed to return to Parliament House was to collect his keys, he could have texted his girlfriend to have her meet him at the door or called her (T306.13–14).
