concerned about contempt. It is also unsurprising that thought was given to limiting the perceived damage, including by consideration being given to not appearing in Court to proffer an apology and advice being taken from experienced senior counsel (who had publicly remarked the speech was ill-advised) as to how to best mollify the evident concern of the Chief Justice.
1040 The approach taken by Network Ten was then carefully considered and resulted in a letter being sent to her Honour's Associate, which although using words such as "profound regret" and "apology", when closely parsed, is directed at regret for the consequences that ensued, and not for the fact the speech was given. According to Ms Smithies, it amounted to an apology for things for which Network Ten bore no responsibility. It was not disclosed to the Chief Justice that Ms Wilkinson gave the speech based on considered advice, nor that it was given for the specific purpose now explained by Ms Smithies and that Network Ten's Chief Litigation Counsel continued to stand by the appropriateness of the giving and content of the speech.
1041 The conduct of Network Ten through its employees in procuring Ms Wilkinson to give the speech in the form it was given, for the reason it was given, was grossly improper and unjustifiable. It was conduct apt to cause disruption to the criminal justice system and, without the Chief Justice making the orders she did, could have imperilled Mr Lehrmann's right to a fair trial.
1042 During his cross-examination, the following evidence was given by Mr Lehrmann (T514.13–34):
You heard the Prime Minister refer to Ms Higgins as having the "courage to stand". Do you remember that?---In his stupid Parliament speech, yes.
…And "the terrible things that took place"; he apologised to her for that?---Yes.
And the leader of the opposition also:
…pay tribute to the courage of Brittany Higgins, who is with us today.
?---Yes, and a number of party leaders and other Labor party front benchers, yes.
And the next day was the Press Club speech over which you sued the ABC in early this year. Did you hear that speech?---Yes.
And is it correct that you heard that, during that speech, Ms Higgins broadcast – sorry, Ms Higgins recounted her allegations against you?---Yes.
And that was a few months before your trial was set to be heard?---Yes.
