310 As to (c), it emerged belatedly during the hearing that Ms Wilkinson was correct in saying Network Ten, through Ms Smithies, did provide express advice as to the giving and the content of the speech (T2550.6) and Ms Cat Donovan, the Network Ten Head of PR (who had seen an advance copy) had led Ms Wilkinson to believe that "Network Ten had given full approval" (Wilkinson 5 December 2023 (at [27])). Consistently with this encouragement, that evening at 11:07pm, Ms Beverly McGarvey, the Chief Executive Officer of Network Ten, acclaimed Ms Wilkinson for having given what Ms McGarvey described as a "Beautiful speech" (Wilkinson 5 December 2023 (at [29])). It will be necessary to return to aspects of this conduct that can be attributed to Network Ten below.
311 What became apparent by the end of the evidence was the action in giving the speech was not, as many suggested at the time, a case of Ms Wilkinson going off on a frolic and irresponsibly saying something off the top of her head. She was sufficiently prudent to seek advice. She only came to give the speech as a result of being badly let down by those to whom she turned for advice and counsel. One can well understand Ms Wilkinson's frustration at the true picture being obscured by Network Ten maintaining its joint claim for privilege until the eleventh hour.
312 But although the reality of this advice and encouragement provides important context, Ms Wilkinson was a fourth estate éminence grise with 40 years' experience – she gave evidence she was appointed a Member of the Order of Australia in 2016 for, among other things, services to broadcast and print journalism. If she had of thought matters through as an experienced journalist, and less as a champion for Ms Higgins, she ought to have known the speech was fraught with danger and recognised that lauding a complainant on the eve of a rape trial in the terms she did would be apt to undermine the due administration of justice.
313 She was keen to give the speech not because of pressure from her employer (as seems to be suggested by her final submissions) but because, in the words of Ms Smithies, Ms Wilkinson had become "inextricably intertwined with Ms Higgins" and had provided her with "clear and unequivocal" support for the preceding 18 months (T2616.18–25). The speech was part of a continuum of conduct of Ms Wilkinson celebrating and lending credence to Ms Higgins as a woman of courage whose story must be believed.
314 I accept Ms Wilkinson did not fully appreciate the extent of the problem, given the advice and encouragement of Network Ten and perhaps because of the approbation the speech
