Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/271

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additions (T1873.33–41), the focus, to use the statutory words, must be on whether Ms Wilkinson can establish that her "conduct … in publishing [the] matter is reasonable in the circumstances". This inquiry into conduct goes well beyond what happened immediately prior to broadcast. The attempt to seal her off from the final content and publication of the programme is unpersuasive.

945 Within the Project team, it is evident they did not think Ms Wilkinson's conduct was somehow peripheral to what was going on by the time of publication. Mr Bendall's contemporaneous praise sent by text at 6:17pm, immediately before the broadcast, reflects the perception within Network Ten. It was that Ms Wilkinson had "done an outstanding job developing, conducting and delivering this story. Everything is perfectly in order and on track" (Ex R845). And despite the attempted minimisation of her role, as Ms Wilkinson candidly accepted in cross-examination, she thought her role was to develop, conduct and deliver the story (T1726.1–11).

946 Having said this, as I have already noted, I accept Ms Wilkinson did rely in performing her work upon trusted and experienced producers and reposed confidence in the expertise of each of Mr Campbell, Mr Meakin, Ms Binnie, and Mr Bendall in doing their jobs in supervising and approving the work undertaken.

947 I do not accept, however, that she "relied on the production team to fact-check Ms Higgins' allegations as she continued with her daily commitments as a host" to the extent this suggests that she had a reasonable basis to conclude sufficient work was being undertaken. As I have explained, she was there when the issues regarding credibility arose as to the floating of a conspiracy theory, the bruise photographs, and selective production of data. She gave the following candid evidence about what Ms Higgins was telling her about data (T1736.38–43):

MR RICHARDSON: And what I want to suggest to you is that when you heard her say that you understood her to be saying that she had lost all of her photos and all of her screenshots?---I actually can’t follow what she is saying there, Mr Richardson.

All right. Did it concern you at this point that what she was saying seemed to be barely comprehensible?---Yes.

948 Despite the initial flirtation, to which I have referred, with the notion an email from a Liberal Party–selected psychologist might be deleted if not recovered within 24 hours, Ms Wilkinson had the chops to spot the confusion about data and that it was a potential problem going to the


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