314–315 [36] per Kiefel CJ, Bell, Gageler, Keane and Gordon JJ). Ms Higgins had made definitive out-of-court representations, and the prosecutor was stuck with the reality of what had been said about the bruise photograph to the Project team. Given the defence also had these representations in the brief of evidence, the topic could hardly be ignored.
827 It is certainly easy to see why experienced defence counsel would seek to lock in what she had said about the bruise photograph on oath and then exploit accusations of recent invention of the bruise photograph and the existence of the bruise (allied to the broader topics of selective retention of data and inconsistences with what Ms Higgins had told the AFP in 2019) in an attempt to impeach the credibility of the complainant before the jury.
828 In these circumstances, from the perspective of the Crown, it might rationally be thought adducing evidence of the photograph in chief (which one ought to assume was a course open on the instructions received) would be the forensically preferable course to simply ignoring an important topic apt to be exploited in cross-examination.
829 The question of whether it was ethically open and prudent to adduce the evidence of the bruise photograph in chief at the criminal trial is separate to, and involves entirely different considerations from, the issues confronting the Project team when presented with the difficulties as to what Ms Higgins had first said to them about the bruise photograph and partial data retention.
830 It is tolerably plain what happened. The reason why insufficient scrutiny occurred as to these matters (which should have led to an informed assessment of Ms Higgins' general credibility) emerges from an objective review of the first meeting. From the get-go, all interactions are premised on the basis that what Ms Higgins was saying was true. It ought not be forgotten that prior to even meeting Ms Higgins, and only two days after receiving the first email from Mr Sharaz, Ms Wilkinson communicated to Mr Llewellyn that she had rung "Craig [Campbell, an Executive Producer] and Sarah [Thornton, the Network Executive Producer] and we're going huge with it" and that it would be a "March release" (Ex R117).
831 Although she was required to be dealt with sensitively, and even gently, and an empathetic and, at times, light-hearted approach was appropriate to build rapport, Ms Higgins' allegations were treated by Ms Wilkinson and Mr Llewellyn as a given.
