Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/80

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but only what was regarded then to be the key points. They are, like in so many cases where there is an honest and careful note taker, the best record of the dealings they document, rather than later recollections. They are of such importance that I reproduce them as Annexure B to these reasons, and I find that to the extent they record the dealings of Ms Brown, they are accurate and reliable. Further, to the extent there is a conflict between those notes and the evidence of Ms Brown with that of Mr Lehrmann, I unhesitatingly prefer the evidence of Ms Brown; the same goes for any conflict between the evidence of Ms Brown or the notes with that of Ms Higgins.

276 Indeed, in assessing the critical evidence of Mr Lehrmann, as I will later explain, aspects of Ms Brown's contemporaneous notes, which did not receive particularly close attention at trial, are of signal importance, in that they record Mr Lehrmann's initial responses to queries made of his actions by Ms Brown. Importantly, as to activities in the Ministerial Suite on the fateful night he represented: (a) he did not access any documents (26 March); (b) he came back to drink whisky and ended up drinking two glasses (26 March); (c) he "chatted" with Ms Higgins but "didn't wish to get into" anything else they did (26 March); (d) "they [that is, Ms Higgins and Mr Lehrmann] had a whisky" (5 April); and (e) Ms Higgins was "happy" when he left and he "said he had to go home and she said bye see you next week and he said ye [sic]. He said he had to get home" (5 April).

277 Returning to Ms Brown, she may not have been schooled by health and psychological professionals in dealing with sexual assaults, and may have not, by reason of her personality and age, been as empathetic as some others or have the acute sensitivity of many millennials. She no doubt could have done some things differently, for example, even though Ms Higgins did not raise it at the time, the unprompted failure to recognise the inappropriateness of holding the initial meeting with Senator Reynolds in the Minister's office was maladroit. But whatever shortcomings can be identified (including with the benefit of hindsight), she ensured she took considered advice from those in whom she reposed confidence, recorded, and acted upon that advice and, subject to the above, showed commonsense and compassion by her own lights (demonstrated by all her contemporaneous records, including text messages).

278 Despite the express and implied criticisms of her, Ms Brown also went out of her way to reassure Ms Higgins and supported and assisted her in contacting the police. It is worth noting that the AFP officers Ms Brown assisted Ms Higgins in seeing promptly are (even


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