with that might rationally bear upon what happened in the Suite; and fourthly, state my conclusions.
IFive Incontrovertible Facts
502 It is worth commencing this aspect of my reasons by identifying some matters relevant to what happened that are indubitably true, and then draw some logical and direct inferences from those facts.
503 First, is that Mr Lehrmann and Ms Higgins were alone in the Ministerial Suite for about 40 minutes between 1:48 and 2:30am.
504 Secondly, during this time, Mr Lehrmann did not answer six telephone calls from his girlfriend between 2:16 and 2:18am (T320.16; Ex R85A).
505 Thirdly, at about 2:33am, Mr Lehrmann departed alone through the security gate and was collected by an Uber (Ex 17 (at 02:33:18); Fairweather (at [42])).
506 Fourthly, immediately after, or shortly after Mr Lehrmann left, Ms Higgins, having been affected by alcohol, fell into a very deep sleep on the couch in the Suite in a state of undress. Indeed, in this regard, as Mr Lehrmann accepts in his final submissions, Ms Higgins, at some time, "passed out… in the Minister's suite".
507 Fifthly, given no-one had seen Ms Higgins leave, it was decided between Mr Fairweather, Ms Anderson and Mr Kevin Callan, their supervisor, that Ms Anderson should go up to the Minister's office to do a "welfare check" (Anderson (at [39]–[43]); Fairweather (at [51]–[54])); which she then did, and at about 4:20am, Ms Anderson:
- (1) entered the Suite shouting "Security, hello security" (Anderson (at [45]));
- (2) went to the door of the Minister's office and said "Security. Hello? Security" and there was no answer (Anderson (at [45]));
- (3) opened the door to the Minister's office and then saw Ms Higgins lying on her back on the couch in a state of undress such that she saw Ms Higgins' vagina and Ms Higgins' knees were up and slightly apart (Anderson (at [46]–[49]); T1166.15–20);
- (4) Ms Higgins opened her eyes and looked at Ms Anderson but then proceeded to roll into the foetal position (Anderson (at [50]–[55])).
