topic without remarking that the most disturbing aspect of this part of the case is the insouciance of Ms Smithies as to the real criticisms made by the Chief Justice and the repeated fastening upon Mr Drumgold's separate failure as some form of excuse.
1054 There has been ample time for mature reflection and yet there is no recognition, even now, that the speech could have undermined the administration of justice and caused it to be disrupted. It is one thing to make a mistake, even a serious mistake – after all, to err is to be human. But I regret to say that the continuing lack of insight by Ms Smithies as to the inappropriateness of her conduct related to the speech reflects, in my view, a lack of proper appreciation of her professional obligations as a solicitor and her paramount duty to the Court and the administration of justice: see r 3.1, Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW).
M.5Conclusions on Ordinary Compensatory Damages
1055 Without losing sight of the fact that an assessment of damages is an intuitive, evaluative process conducted at large, but within the parameters of Pt 4, Div 3, I will now proceed to deal with various matters of particular relevance to the assessment of damages being: (1) the severity of the defamatory sting; (2) the purposes of an award of damages in defamation, being consolation for hurt to feelings, recompense for damage to reputation and vindication; and (3) the extent of publication. In doing so, I will deal with Mr Lehrmann's submissions summarised at Section M.3 above.
ISeverity
1056 The nature of the imputations speak for themselves and there is no need to elaborate on them, save to note that the defamatory publications convey an allegation of grave criminal misconduct.
IIHurt to Feelings
1057 Although Mr Lehrmann contends that any young man accused of rape on national television would be upset, frightened, and angry, after having the opportunity of observing him closely in the witness box, it seemed to me that where his real hurt emerged was when he gave evidence as to how the conduct of others had prejudiced his ability to have a fair trial. Certainly, this included the improper conduct of the respondents relating to the Logies speech, but extended to those who made statements which were implicitly but necessarily
