perpetrator's LinkedIn profile he could get a notification – something we clearly wish to avoid" (Ex R180; see also R126)).
- (7) If Network Ten wanted to get in contact with Mr Lehrmann, there were ways of ensuring that contact could be achieved. He was not living the life of a hermit – he was working for a public company in Sydney. The approach lacked reasonableness in the circumstances of the publication of an allegation of such seriousness. Network Ten were not to know that Mr Lehrmann was unlikely to take up any invitation.
- (8) Finally, was the dismissal of contradictory information received from Mr Carswell and failing to follow it up with Ms Higgins; but this is a mere instance of the broader problem that Mr Llewellyn, like Ms Wilkinson, started from the premise that what Ms Higgins said about her allegations was true. They resolved from the start to publish the exclusive story and were content to do the minimum required to reduce unacceptable litigation risk.
937 In the end, standing back and evaluating the conduct of Network Ten in publishing the matter (in its character of conveying the serious defamatory imputation of rape about Mr Lehrmann), and notwithstanding the broadcast was on a topic of high public interest, Network Ten falls short of discharging its burden.
K.5Ms Wilkinson: Distinguishing Matters and an Evaluation
938 Having identified and evaluated Network Ten's conduct, I now turn to Ms Wilkinson. In the light of my findings above, however, extensive overlap is apparent, not only because it is accepted by Network Ten that Ms Wilkinson's conduct can be attributed to the corporation (and I have taken it into account in considering the position of Network Ten); but also because much of the other conduct to be attributed to Network Ten, by reason of the actions of others, occurred while Ms Wilkinson was present or was conduct of which she was aware.
939 The most significant point made is the heavy reliance placed upon Ms Wilkinson's actual role in the publication, to which I have already referred. Although Mr Sharaz approached Ms Wilkinson, as she points out, the ultimate decision to proceed with the story was made by others and the final approved script was not distributed until 5:22pm on the day of broadcast (Ex R842). More generally, Ms Wilkinson submitted she was not a "decision maker in relation to any aspect of the final production, broadcast and publication of the matters" and her "role" was limited.
