refers to the fact that, "…the whole story was dreadful. Absolutely dreadful", adding, "[j]ust the very fact that she had to have a meeting in the very room that she was raped with her superiors and then her career was virtually finished." And so on.
[25] In case it is not clear, my purpose in quoting those remarks is the fact that each of the radio presenters assumed the guilt of the accused. The evidence before me on the present application also includes other social commentary including a copy of the complainant's own post effectively repeating remarks made by Ms Wilkinson in her speech. In other words, as was put in argument before me this morning, the combination of the speech and the posts amounted to Ms Wilkinson endorsing the credibility of the complainant who, in turn, celebrated Ms Wilkinson's endorsement of the complainant's credibility.
***
[29] What can be known is that, somewhere in this debate, the distinction between an untested allegation and the fact of guilt has been lost. The Crown accepted that the Logie awards acceptance speech was unfortunate for that reason. He also accepted that Ms Wilkinson's status as a respected journalist is such as to lend credence to the representation of the complainant as a woman of courage whose story must be believed.
[30] The prejudice of such representations so widely reported so close to the date of empanelment of the jury cannot be overstated. The trial of the allegation against the accused has occurred, not in the constitutionally established forum in which it must, as a matter of law, but in the media. The law of contempt, which has as its object the protection of the integrity of the court but which, incidentally, operates to protect freedom of speech and freedom of the press, has proved ineffective in this case. The public at large has been given to believe that guilt is established. The importance of the rule of law has been set at nil.
(Emphasis added)
308 Despite, with respect, these measured but pointed criticisms, when the topic of this speech was canvassed in cross-examination, Ms Wilkinson took comfort in: (a) the fact that she did not say in express terms that Mr Lehrmann was a rapist and that she was only "celebrating her courage" (T1730.8); (b) the Chief Justice had acted on the basis of an incorrect representation that Ms Wilkinson had received a warning about the possible consequences of the proposed speech by the Director of Public Prosecutions; and (c) she had taken legal advice from Ms Tasha Smithies, the Senior Litigation Counsel for Network Ten, and the speech was made with the encouragement of Network Ten.
309 As to (a), as Ms Wilkinson eventually and inevitably conceded, by necessary implication she was celebrating Ms Higgins' courage in making a true allegation of rape; and as to (b) it was common ground before me that no warning was given by Mr Drumgold (and this is consistent with the evidence of Ms Wilkinson and also Ms Smithies).
