III Post-Incident Conduct | [525] | |
IV Complaint Evidence or Prior Consistent Statements | [548] | |
V Subsequent Conduct Issues | [551] | |
H THE SECTION 25 DEFENCE | [561] | |
H.1 Introduction | [561] | |
H.2 Substantial Truth: Was there a Rape? | [562] | |
I What Needs to be Proven | [562] | |
II Non-Consent Element | [575] | |
III Knowledge Element | [588] | |
IV Further Observations as to Mr Lehrmann's "Critical" Submission | [603] | |
V The Role of Implied Admissions and Consciousness of Guilt | [613] | |
VI Conclusion on Rape | [620] | |
VII Differences between Imputations | [622] | |
I FINDINGS AS TO RELEVANT POST-INCIDENT CONDUCT | [630] | |
I.1 Introduction | [630] | |
I.2 The Immediate Aftermath: Miscellaneous Matters Referred to in Submissions | [632] | |
I.3 The Role of the AFP and the 2019 Decision of Ms Higgins not to Proceed | [656] | |
I.4 Why and When the PMO was told and Support Services | [708] | |
I.5 The Move to Western Australia | [719] | |
I.6 CCTV Footage | [733] | |
I.7 Later Events | [740] | |
I The Canberra Times Enquiry | [742] | |
II The Broadcast of the Four Corners Programmes | [754] | |
J FACTUAL FINDINGS OF RELEVANCE TO THE SECTION 30 DEFENCE | [760] | |
J.1 Introduction | [760] | |
J.2 The Genesis of the Story and the "Timeline" Document | [767] | |
J.3 The Investigation and Preparation | [782] |
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
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