introductory remarks: that is, a judge should be reticent about accepting such submissions "unless you really have to".
152 But even taking this wisdom into account, this is one of those cases where expressing criticism is warranted. But one must not be simplistic. A falsehood told by a witness will be especially serious if the maker is under a legal obligation to tell the truth. But irrespective of legal obligation, there are gradations of the seriousness of untruths: an untruthful person may just be all mouth and trousers; or be recklessly indifferent to the truth or, by way of compulsion, finds it difficult to discern between what is true and untrue; or finally, and most culpably, may be someone who tells calculated, deliberate lies.
153 I do not think Mr Lehrmann is a compulsive liar, and some of the untruths he told during his evidence may sometimes have been due to carelessness and confusion, but I am satisfied that in important respects he told deliberate lies. I would not accept anything he said except where it amounted to an admission, accorded with the inherent probabilities, or was corroborated by a contemporaneous document or a witness whose evidence I accept.
IIMiscellaneous Examples of False Statements during the Hearing
154 Instances of Mr Lehrmann's false out-of-court statements or unsatisfactory evidence are legion, but the following important examples illustrate the point sufficiently.
155 First, there was the evidence denying that he found Ms Higgins alluring as at March 2019. As I will explain, from the start, Mr Lehrmann thought that Ms Higgins was attractive. This attraction informed a number of his later actions. Moreover, his denial of this fact was unwary as it contradicted what he had said on the Spotlight programme. When confronted by this inconsistency, his attempt to explain it away by suggesting the attraction he felt for Ms Higgins was "just like [the attraction] I can find [in] anybody else in this [court]room, irrespective of gender" (T351.8–11) was as disconcerting as it was unconvincing.
156 Secondly, and relatedly, Mr Lehrmann initially gave evidence that he had not met Ms Higgins prior to attending the Kingston Hotel on 2 March 2019 and downplayed his awareness of her (T175.9–11). This was supplemented by saying Ms Hamer initiated Ms Higgins being invited to the Kingston Hotel, a contention I reject below. All of this was directed to avoiding admitting that he thought Ms Higgins was comely and wanted to get to know her (as was his evidence denying he entreated her to stay after she wished to move on from the hotel that day (T1049)).
