Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/196

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

744 Obviously enough, at this time, there was a complete symmetry of interests between those within Senator Reynolds' office (and others within the Government) and Ms Higgins in the media story not being published. Ms Higgins was distraught at the prospect and those within the government wished to ensure the story was not published for political reasons.

745 At the conclusion of the meeting, after the unsettling prospect had been canvassed, Mr Try asked Ms Higgins if she would like to "tell the boss" (that is, the Minister, Senator Cash), or whether she preferred that he tell the Minister (T696.1–13). With Ms Higgins' consent, Mr Try immediately told the Minister. They were speaking privately for around 15 minutes and Ms Higgins was then invited into the Minister's office. Ms Higgins said that Senator Cash immediately embraced her in a hug. Ms Higgins was unable to recall what was said, but recalled the Minister said words to the effect that everything would be okay, and they would handle it (T696.15–31).

746 From this information, it was evident knowledge of the incident had spread, much to the distress of Ms Higgins. On 20 October 2019, Deputy Chief Police Officer Michael Chew directed Detective Harman to contact Ms Higgins about a media enquiry "concerning [the] incident and advise that the matter may be raised at senate estimates" (MC (at 61)). After initial attempts by Detective Harman that were unsuccessful because Ms Higgins was upset and "hung up abruptly", Agent Cleaves spoke to Ms Higgins over the weekend of 19–20 October about the media enquiry and informed her that the information could spark questions of the AFP and that a reference would be put in the AFP Commissioner's "Senate estimates pack" (T697.12–18; MC (at 61)). Ms Higgins said that she immediately called Mr Try to let him know. She told him about the call and said that she was really upset and scared. Ms Higgins said that Mr Try thanked her for letting him know and said that he would handle it (T697.26–27).

747 Despite this solicitous attempt by the AFP to warn her about the possibility of unwanted publicity, Ms Higgins said this all made her change her view about the AFP, and then gave this evidence (T821–2):

HIS HONOUR: Why did that make you change your view about the AFP? Weren't they, as a matter of courtesy, telling you about the – that there had been a media inquiry and there was a possibility, in response to a question asked, that they may have to answer truthfully about something, and they were giving you a heads up?---It made me scared about the relationship between the AFP and Parliament House, I guess. It wasn't the fact that she called me on the weekend. It was the fact that when the media inquiry came in and they said, "We will speak to Home Affairs. We will

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
188