Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/81

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now) described by Ms Higgins as having been "wonderful and were really lovely to me", "amazing" and "great" (T821).

279 As Ms Brown herself put it, she did her "professional best with what was given" to her (T2060.4; T2066.46). If one wants to get a real reflection of the contemporaneous 2019 views of Ms Higgins, well before the attitude of Ms Higgins towards Ms Brown evolved in 2021 consistently with the development of the broader narrative of a cover-up, they are reflected in her text message of 7 June 2019 (Ex R810):

I wanted to say this in person but– I cannot overstate how much I've valued your support and advice throughout this period. You've been absolutely incredible and I'm so appreciative.

F.4Ms Gain

280 Ms Gain was a significant witness.

281 As at March 2019, Ms Gain was employed as a communications advisor in the Department of Defence, having previously worked as an advisor in the office of Mr Ciobo. She came to know Ms Higgins in this role and to have a good working relationship with her, involving socialising at work events and discussing their shared interests and experiences in media and communications (Gain (at [4]–[11])). The pair did not, however, consider each other to be friends. To her recollection, Ms Gain had not met Mr Lehrmann prior to 22 March 2019, but had heard his name in staffing circles (Gain (at [27])).

282 Ms Gain was impressive and credible. Unlike a number of other important witnesses, she was refreshingly responsive to questions asked of her and made appropriate concessions and she did not pretend a highly detailed recollection of everything that occurred on the critical night when she was drinking. Moreover, her evidence was consistent with contemporaneous material including, importantly, Ex R59, being a Telegram message in which Ms Gain gossiped to her friend, Major Irvine, that "Brittany hooked up with Bruce" the night before.

283 The submission made on behalf of Mr Lehrmann that Ms Gain should not be believed because she could not recall other, less significant details is one I reject. Rather, this is a pointer to the fact that she was being frank in the variability of her recollection, which is generally how memory works.

284 I should make specific reference to Ex 47 when it comes to the credit of Ms Gain. After Ms Higgins had decided to appear on the Project programme, it will be recalled she sent and then


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