Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/58

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of dismissing a witness as always untruthful or unreliable just because aspects, even important aspects of their evidence, fall into that description.

204 Moreover, given the potential agreed effects of trauma, I do not consider any of this 2019 conduct (or any other of the alleged counterintuitive conduct I examine below, such as her email contact with Mr Lehrmann) is necessarily inconsistent with a victim of sexual assault seeking to process what had occurred; working her way through feelings of confusion; questioning her conduct; considering what she should do; and reflecting upon how people would perceive her if she made a complaint.

205 In making these comments, I am not discounting the important untruths Ms Higgins told the AFP in her 2019 interactions with them. These require some extended consideration but, in the end, I consider they are examples of Ms Higgins, then under stress but decidedly uninterested in pursuing a formal complaint, trying to develop an account she could rationalise and perceived made her look better in the eyes of others. For convenience, I will deal with them in Section I.2 below.

VSubsequent Conduct Issues

206 Numerous aspects of the conduct of Ms Higgins in the years following 2019 were far more troubling.

The Development of the Cover-up Narrative

207 The most important aspect of this later conduct, commencing in early 2021, was the way in which Ms Higgins crafted a narrative accusing others of putting up roadblocks and forcing her two years earlier of having to choose between her career and seeking justice by making and pursuing a complaint.

208 As I have already noted, this cover-up or victimisation allegation was perceived by the Project team as being the most important aspect of the Project programme and its deployment meant her account achieved much notoriety and public interest.

209 As we will see, the articulation of the core aspects of this claim commenced shortly before Ms Higgins' boyfriend, Mr David Sharaz, made the necessary arrangements for Ms Higgins to tell her account. She then did so to Ms Maiden (Ex 50), leading to the Maiden article and to Ms Wilkinson (and then to Mr Llewellyn and, through them, to those that worked on the Project programme (Project team)).


Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
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