Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/168

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moreover, because Ms Brown following such an instruction "would put Ms Higgins' welfare at risk as it would remove her power to make choices" (Brown (at [98(c)])).

(6) On 1 April, a number of events took place that received scant attention at the hearing; foremost among these was the meeting of the GSC, being a committee dealing with the number, classifications, salaries, recruitment and appointment processes for Ministerial staff; prior to the meeting, the Minister had formed the view that Mr Lehrmann's employment should be terminated based on his two prior security breaches; after hearing a presentation about the security breaches and about lying to get into Parliament House after hours, the GSC "recommended Mr Lehrmann's employment be terminated on these grounds" (Brown (at [131], [136])).
(7) On 4 April, the evidence of Ms Brown at trial was that Assistant AFP Commissioner Leanne Close had told Senator Reynolds that a sexual assault had been reported to the AFP by Ms Higgins (T2145.12–15); in new material received following the reopening (MC (at 50–51)), more detail has now been provided of the meeting this day between Senator Reynolds, Ms Brown, Assistant Commissioner Close (wrongly referred to in MC as "Leanne Cross") and AFP liaison officer, Sergeant Paul Sherring. According to what appears to be a record of contemporaneous notes of Assistant Commissioner Close (which the parties have not suggested are anything but accurate), Senator Reynolds said "we became aware on Tuesday that this had happened on Saturday night – on my couch there!" (and that the incident had come to her attention "though a DPS report") (MC (at 39)). In context, I read this to mean that they had become aware on the Tuesday of the information as to the incident that had been reported to them by DPS on that day. Ms Brown further confirmed that Ms Higgins had initially said to her she did not want the matter reported and the "Minister wanted [Ms Brown] to go straight to the nearest police station" (MC (at 39)); and the following is then recorded in the notes (all misspellings are in the original):
Minister - Bruce (alleged offended) has been stood down over other issues.
Brown - end of contract on gardening leave. We had suspicious about him handling security material. Minister - There was a Home Affairs document in his possession that we kept asking for, it was classified and he shouldn't have had it. He only came to work in this office recently. He used to work for George and then Bridget McKenzie when George left Parl. Bruce made out he was getting a job at ASIO and was good friends with Duncan Lewis. It didn't add up and he looked shifty.

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