- (9) that "Minister Reynolds did not engage with [Ms Higgins] at all during the election campaign. She avoided [Ms Higgins] and made clear that she did not want the claimant attending events with her" (PL cl 3.28).
241 I have not included in these examples matters where the (at least underlying) falsifying proposition was not put to Ms Higgins. Nor have I placed any significant weight on incorrect but relatively minor inaccuracies, such as the assertion Mr Lehrmann: (a) without invitation or agreement with Ms Higgins: (i) got into the taxi and directed it to stop at Parliament House (PL cll 2.4, 2.5; A2 cl 3.4, 3.5); (ii) paid the taxi fare and then directed Ms Higgins to get out of the taxi and go with him to Parliament House (PL cl 2.6; A2 cl 3.6); (b) "led [Ms Higgins] to the Ministerial Suite" (A2 cl 3.9); or (c) had his staff pass which allowed him to enter the building and that Ms Higgins had to be signed in via a "guest sign in book" and she had "difficulty remaining upright and signing her name" (PL cl 2.8).
The Bruise Photograph
242 A third aspect of the post-2019 conduct causing concern relates to Ms Higgins' so-called bruise photograph. The bruise photograph was said by Ms Higgins in her statutory declaration and on oath as being a record of an injury suffered during the rape – and hence being contemporaneous documentary evidence supporting her accusation (Ex R532 (at [7])). Indeed, as we will see, at the beginning of her first meeting with the Project team, this photograph is raised specifically by Mr Sharaz and Ms Higgins as being the only evidence that elevated Ms Higgins' account from simply being one person's word against another. Its forensic importance is manifest and while she was under an obligation to tell the truth, it was put forward by her as corroborative material.
243 Despite this, Ms Higgins distanced herself from embracing it as evidence of the rape in evidence-in-chief before me (T672.11) and, indeed, she ended up saying in cross-examination (T712.12–19) that:
At the time, I believed it was caused by the assault, but with hindsight and with, you know, like, yourself [Mr Whybrow SC] in the criminal trial, put to me, it was possible that it came from another source, so I've now had to accept that it may not have necessarily come from the assault itself. It may have come from falling up the stairs, but I accepted that during the criminal trial, but at the time, I was 100 per cent sold on the – sold – that I – I thought it was because I was in pain when he was raping me, but because of the criminal trial, I've had to accept that I don't 100 per cent know it was from the assault. It could have been falling up the stairs, so that's where I'm at.
