Saturday (at, I would think, around the time of commencement of the Autumn Carnival) as he is asked by Mr Jackson "Did you pick a winner at Randwick on Saturday?" (Ex R905 (at 89)); those messages are consistent with Mr Lehrmann meeting Mr Llewellyn at the Randwick house on the day the Relevant Photographs were taken; and
- (6) some of the Relevant Photographs show the reflection of a man identified as Mr Llewellyn who, from the location indicated by the images, must have taken the Relevant Photographs.
179 In the absence of any other explanation, the inescapable conclusion is that Mr Lehrmann provided access to Mr Llewellyn to take the Relevant Photographs, and thus wrongly provided him with access to the information contained in the FitzSimons Messages. His representations and evidence to the contrary were false to his knowledge on a serious matter, and this conclusion fortifies my assessment as to his general credit.
F.2Ms Higgins
I General Remarks
180 It is necessary to assess the credit of Ms Higgins circumspectly. She is someone who has the intense, uncritical support of some but has also been the subject of widespread social media abuse. As with Mr Lehrmann, I am conscious that giving evidence would have been a daunting and stressful experience.
181 I am in the unusual position of receiving submissions from a witness as to her credit directly. This came about because I was anxious to ensure procedural fairness was provided concerning submissions made as to the falsity of certain out-of-court representations (in circumstances I explain in detail below).
182 Ms Higgins' submissions extended beyond these out-of-court representations. Notwithstanding this, I have considered them, although they largely repeat points made by the respondents. But Ms Higgins does make the bespoke and valid point that it is the parties who identify and frame the issues (including issues concerning credit) and the evidence adduced as to those issues. It ought not to be assumed that if Ms Higgins had been a party she would not have adduced further and different evidence, both from herself and others. Consequently, she may have been able to place the credit attacks made upon her in a different
