887 The following day, Mr Llewellyn sent Ms Higgins a draft statutory declaration. Mr Llewellyn said he formed the view that a statutory declaration would give him an additional layer of comfort that she had been truthful during the second interview (Llewellyn (at [276])). I do not consider he believed there was a need for "comfort" but rather that it was a prudent step, like others that were being taken, to minimise defamation risk. As noted earlier (at [810]), on 10 February, Ms Higgins sent a signed copy of her statutory declaration to Mr Llewellyn by email (Ex R463). The statutory declaration (Ex R532) annexed the full transcript of the second interview and the bruise photograph and declared that everything she had said as transcribed was true and correct.
888 It was submitted by Network Ten that procuring the statutory declaration was not a "mere tick-a-box step". Although I accept the statutory declaration was detailed, as Network Ten accepted, the "statutory declaration did not, however, of course, replace the independent judgment formed by the production team as to Ms Higgins' credibility". And as I have explained, that ship had sailed long ago.
VIIIThe Broadcast
889 The Project programme went to air at 7pm on 15 February 2021.
890 It did not bury the lede.
891 It commenced as follows:
Welcome back to this special edition of The Project.
Tonight claims of rape, roadblocks to a police investigation and a young woman forced to choose between her career and the pursuit of justice, and it all happened right in the heart of our democracy.
Brittany Higgins says the government betrayed her …
892 The full broadcast is set out at Annexure A, but what that transcript does not convey is the unsettling, vaguely sinister "musical" soundtrack; the affirmation of Ms Higgins' account by the physical reactions of Ms Wilkinson including repeated nodding; the editorial decisions to show footage of Ms Higgins being emotionally upset; and the general tone of incredulity expressed at the various actions of security guards, senior advisors, and politicians leading up to Ms Wilkinson's statement: "If everything that you say is true, it sounds to me like the easiest place in this country to rape a woman, and get away with it, is Parliament House in Canberra" (line 164).
