Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/176

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668 As noted above, the contemporaneous records make plain the AFP was aware of the "sensitive matter pertaining to a female" prior to the 1 April meeting. It will also be recalled that Ms Brown gave evidence, which I accept, that she considered Mr Hawke and Senator Reynolds were being forceful in directing Ms Brown to report the allegation "because they were worried about covering themselves" (T2126.42). A rational conclusion is that someone said something to the AFP prior to Ms Higgins deciding she wanted to involve the AFP, which is perhaps unsurprising given the involvement of the DPS, the Chief of Staff of the Special Minister of State, the nature of the security breach, and the fact that Mr Chamberlain had the AFP's contact details. We know Mr Chamberlain had the contact details because after the meeting between the Minister and Ms Higgins, Ms Brown obtained the details for Sergeant Sherring and Agent Cleaves from Mr Chamberlain (who gave evidence that around the time he was dealing with Ms Brown, she asked him how to contact the AFP, and he sent her details of the AFP officers in Parliament House (Chamberlain (at [20]–[22])).

669 Ms Brown apparently spoke to Agent Cleaves about meeting Ms Higgins at 12pm (although this is not entirely clear). When the AFP officers came up to the office, Ms Brown observed they "looked like cops" and formed the view that it would be better for Ms Higgins' privacy to relocate the meeting to the AFP offices in the basement of Parliament House. Arrangements were made for Ms Higgins to go down to the basement (T1386.16–43).

670 Ms Brown offered to either attend the meeting, or wait and walk back with her, or return to pick her up, Ms Higgins declined these offers, but Ms Brown asked Ms Higgins to let her know "when she was back in the office, so I knew she was OK" (Brown (at [120]).

671 There is no need to recount in any great detail what was said at the initial meeting with the AFP by Ms Higgins as I am satisfied the officers recorded the information provided by Ms Higgins during that meeting in their official diaries (Ex R73 and Ex R77). It suffices to note they acted appropriately, professionally and asked "in-depth" questions (T1387.5). Ms Higgins told Agent Cleaves and Agent Thelning that she had been out drinking with colleagues, she ended up back at Parliament House and that "Mr Lehrmann was on top of her, participating in non-consensual sex" (T1387.24–45). The officers, recognising immediately that specialist assistance was required, then said they would refer the matter to SACAT (T667.1–7). Ms Higgins subsequently received a prompt referral to SACAT (T667.9; Ex R7).


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