unreasonable given its subjective and objective importance and given it was said to viewers to be physical evidence corroborating Ms Higgins' rape allegation (Annexure A (lines 35–37)).
- (2) Further relevant to credibility as to the allegation of rape was the fact that her account was, as Mr Lehrmann submitted, "replete with inconsistencies and implausibilities"; a fair review of the first meeting reveals, to an objective observer, how vague Ms Higgins was as to any concrete detail, repeatedly asserting that people or things were "weird" or saying what she felt and, to the extent there was any detail, those details shifted, moving from Senator Reynolds and Ms Brown representing "we wouldn't stop you", to accepting she was offered support, to saying she was not offered support and was made to feel that going to the police was not an option, to Ms Brown making it plain that if she went to the police she would not have a job. Sensibly, Ms Thorton had stressed (Ex R190) that she wanted "clarity on what was said by who means to who [sic] in terms of Brittany not pressing charges. And whether there's a paper trail or [sic] notes or witnesses or anything to corroborate that part of it". Despite this caution, and without this detail, the serious allegation of a cover-up was immediately accepted as being inherently credible, resulting in a want of reasonable scrutiny as to her general credibility, which was directly relevant to assessing the cogency of the allegation of rape. Rather the approach of Ms Wilkinson and Mr Llewellyn was to encourage the cogent articulation of an obstruction narrative, with this exchange occurring in the first meeting (Ex 36 (at 1:08:39–1:10:55)):
Ms Wilkinson:
The answer you really need to think about is -
Ms Higgins:
Yeah.
Ms Wilkinson:
- why didn't you press charges?
Ms Higgins:
Yeah.
Ms Wilkinson:
I'm, I have every confidence that you will answer that very eloquently, but it's one you just need to really think about.
Ms Higgins:
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
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