was clearly wrong about various details" and he "had no reason to retain minute details of this night and it is unrealistic to expect anyone to do so, almost [two] years later". But it is much more than that.
393 This is far from a picayune point. I do not accept that having access to another source of funds to allow payment by way of card at The Dock (and possibly later at 88mph) is a "minute detail" or is something that would have been forgotten. Moreover, Mr Lehrmann did not say he may have had access to other funds but could not now recall – he repeatedly denied it. The purchase of drinks on behalf of Ms Higgins by Mr Lehrmann was, and must have been known by Mr Lehrmann to be, an important aspect of their interactions leading up to the incident later that night.
Drinks Consumed by Ms Higgins
394 There was no agreement and hence no comprehensive table provided by the parties in their final submissions about what the evidence reveals as to all the drinks consumed by Ms Higgins on the evening of 22 March and early hours of 23 March 2019.
395 I have prepared such a table and reproduce it at this point of my reasons as a guide to what the evidence reveals, even though it anticipates my findings as to what occurred after Ms Higgins left The Dock and I consider may well underestimate alcohol consumption, for reasons I will explain when it comes to making findings as to why Ms Higgins and Mr Lehrmann went to the Ministerial Suite and what occurred there.
| Drink | Where | What | Bought by | When | Reference |
|---|---|---|---|---|---|
| 1 | Home | Glass of wine | - | Unknown (after work but before 7pm | T611.42 (Ms Higgins) |
| Ms Higgins arrives at The Dock | 7:19pm | Ex R42 / Ex 17A (at 19:19:02) | |||
| 2 | The Dock | Spirit-based drink | Ms Higgins | 7:25pm | Ex R42 / Ex 17A (at 19:25:21) |
