Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/124

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Okay. During the time that you were at your desk, did you have any further interaction with Ms Higgins?---I did not, no.

Did you hear her?---No.

***

When you had finished annotating the Question Time briefs and you said you picked up your phone, what happened?---I ---

HIS HONOUR: Sorry, did you say phone?

MR WHYBROW: Phones.

HIS HONOUR: Yes.

MR WHYBROW: Sorry, you said something about a phone after you had finished?---Yes, I had my work phone and my personal phone.

Okay. Going back to having annotated the briefs, what happened then?---I ordered an Uber on one of my phones. I can’t recall which one, whatever one had the Uber app.

Okay, and what did you do then?---I exited the back door, right beside my desk and left.

Did you make any inquiries as to the whereabouts of Ms Higgins?---I did not.

Why not?---I wasn't – I wasn't even sure that she was still there and I had indicated, as I entered as well, that I would get what I – what I need and head off. I thought that was sufficient.

IIIConsideration of the Account of Mr Lehrmann

465 I have already said enough to indicate that I consider Mr Lehrmann's account to be an elaborate fancy.

466 First, there are my findings as to what happened at 88mph, and the rationale given by Mr Lehrmann to have Ms Higgins come back to a private place at Parliament House. As I have already noted, put in stark terms, it is fanciful a somewhat lubricated male staffer accompanied by a woman he found attractive, who he had just been "pashing" in a nightclub despite having a girlfriend, would then be interested, after coming to a private place very late, to just say "cheerio", and then soberly proceed to note up briefs for a Question Time that was not to occur for one and a half weeks, a fortiori when the staffer had already resigned; had no outstanding tasks; was not ordinarily involved in work concerning the Defence portfolio (T1424.39–42); and hitherto had demonstrated no outward signs of being a workaholic.

467 Secondly, even if we leave to one side my findings as to what was on Mr Lehrmann's mind, the account itself lacks coherence. Mr Lehrmann was unable to identify any information he obtained at The Dock (or 88mph) relevant to the work he was supposedly doing for the


Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
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