Do you - what sort of - well let me ask it this way, are you in a position to estimate how many days after the 23rd of - well, including 23 March how many days after that?---It would be around five.
Around five days.
HER HONOUR: Mr Prosecutor, could you just clarify, it is not clear to me and it might not be clear to the jury, whether what is shown is the inside of the thigh or the outside because the outside then the photograph, if it is the left leg, is in mirror.
MR DRUMGOLD: Yes.
HER HONOUR: If it is the inside, then it makes sense.
MR DRUMGOLD: Can we perhaps clarify, is that the outside or the inside of your leg?---If I was laying down it would have been - - -
MR WHYBROW: Object to that, your Honour. That is not the question.
MR DRUMGOLD: Perhaps it would - if I could ask the witness to stand and show on her leg where that bruise is, where that mark is.
HER HONOUR: Yes. Ms Higgins, you do not have to show your leg just on your clothing if you wouldn't mind, please?---Okay. Yes, of course. It looks like in that photo that it's taken on this leg but when I was assaulted I was pinned down on this leg so it looks like the bruise is more so on this side than this side.
Are you accepting that that photograph shows your right leg?---It does. It shows that leg, yes.
MR DRUMGOLD: Do you know when you sustained that bruise?---1 assume during the course of the assault.
Thank you. I will tender that photo, your Honour.
HER HONOUR: Exhibit F.
824 The following evidence was then given in cross-examination (Ex 71 (at T623–625)), demonstrating how the issue of the photograph became related to the issue of what Ms Higgins alleged she had told the AFP in 2019:
You have given evidence about a photograph of a bruise?---Yes.
You remember giving that evidence?---Yes.
Do you agree that you never mentioned that bruise or the photograph – two different things: the actual bruise, and the second thing is that you had taken a photograph of it. You didn't mention either of those things to the police officers on 1 or 8 April 2019? Sorry, I withdraw that; that's terrible. You took a photograph. I think from your statutory declaration you said that that photograph was taken on 3 April 2019?---Yes, that rings true.
In your evidence last week you said you took that photograph five days later. Do you accept that if you took it on 3 April, it would have been about 12 or 13 days after what you say happened on the night of the 22nd?---Yes. I just remember it being Budget week and the actual date itself I don't really recall specifically.
