my view, with the circumstances available, that was a preferred course because it was entirely consistent with the position Ms Wilkinson had taken in the preceding 18 months. And I had genuine concern that to deviate from that position would actually, in effect, create a greater problem because she would – she would be a witness, then, who could be perceived as wavering in her support of Ms Higgins, which is a stance that she had taken for the preceding 18 months. And if I can just elaborate slightly, your Honour.
Sure. I want you to be able to say everything you wish to say - - -?---Yes.
- - - concerning this?---Yes. It was my view that from the time after the broadcast of the story, Ms Wilkinson was inextricably intertwined with Ms Higgins. And the words I would use is Ms Wilkinson became part of the story. That continued through the Justice March in 2021. It continued throughout 2021. And that continuing support continued through the anniversary of the story. There were comments by Ms Wilkinson in press about that. There were also comments about how Ms Higgins' courage had inspired her to tell her own story in her book. There was – it was linked in – with the friendship and support between Higgins and Grace Tane. And this was clear and unequivocal, in my mind, for the 18 months preceding the Logies speech. So to deviate from that position in the speech, in my mind, was more prejudicial because it would be seen that she was wavering in her support of Ms Higgins.
But when you say prejudicial, do you mean prejudicial to – it might create doubt in the fact that she may not be believing Ms Higgins' account? Is that what you mean?---When I say prejudicial, I mean prejudicial in terms of affecting the trial. So - - -
Well, her Honour in paragraph 29 said, after saying the Crown accepted that the Logies awards acceptance speech was unfortunate for that reason, her Honour went on to say the Crown also accepted this proposition – that Ms Wilkinson's status as a respected journalist is such to lend credence to the representation of the complainant and a woman of courage whose story must be believed?---Yes, I – I've read that.
And you understood when the speech was being made that what Ms Wilkinson was doing was lending credence to the representation of the complainant as a woman whose courage – whose story must be believed. Would that be fair?---I would accept that. Yes, your Honour.
And you as a solicitor thought that that was appropriate to occur by a Crown witness eight days before a criminal trial of a man who is facing a serious criminal charge?---I think, given all the circumstances available, that that was the preferred course to her not giving a speech.
Right. Thank you. Anything arising out of that?
MR ELLIOTT: No, your Honour.
1035 I conclude from this and her other evidence that Ms Smithies not only turned her mind to the issue as to whether Ms Wilkinson should give the speech in the terms it was given, but it is also apparent she: (1) actively considered how the content of representations made by Ms Wilkinson may or may not be "prejudicial" to the assessment of the credit of Ms Higgins in the pending criminal trial; and (2) gave the advice in order to ensure Ms Higgins' credibility
