Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/274

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a highly experienced journalist dealing with facts, not instincts, and ensuring any belief or commitment did not undermine fairness or independence. Mr Meakin's assessment that it "would have been desirable" (T1962.41–2) to go back to Ms Higgins to try to check this contrary account, based on apparently contemporaneous materials, is clearly correct.

959 It is also illustrated, after the event, by her evidence, to which I have already referred above (at [318]), that "every new piece of information received up to broadcast" corroborated the version of events given to her by Ms Higgins. Although I accept Ms Wilkinson believed that Mr Llewellyn was responsible for seeking responses on the advice of the Network Ten solicitors and understood that the production team was amending the script (as evidenced by her saying: "I'm utterly fascinated by [the Carswell] response!! Have we had to cut much?" (Ex R203, 14 February 2021 (at 11:00:23pm)), her view was to dismiss the Carswell material peremptorily, which was treated by her as not even being contradictory and in a way reminiscent of the riposte of Mandy Rice-Davies in the trial of Stephen Ward arising from the Profumo affair (when Ms Rice-Davies was asked by counsel whether she knew that Lord Astor had denied having sex with her, she responded: "well he would, wouldn't he?").

960 The same commitment to ensuring Ms Higgins' story was told, but in manner and with an emphasis that accorded with what Ms Wilkinson believed ought to be conveyed, can be seen by her saying: "I don't want to put words in your mouth" but then immediately putting words into Ms Higgins' mouth by advising her as to the desirability of "enunciat[ing] the fact that this place is all about suppression of people's natural sense of justice. Because you see around you the way that this place works" (Ex 36 (at 1:08:56–1:09:18)).

961 Ms Wilkinson asserts that one cannot "ignore the fact that outside the curial environment and before the effects of publicity, Ms Higgins, as recorded on 27 January and 2 February 2021, was a genuine, compelling and highly credible young woman" and Ms Wilkinson's motivation was to report on issues that were plainly of the highest public interest.

962 For reasons I have explained, this puts the point far too highly. I do not think it is a counsel of perfection to conclude that to an objective observer, there were warning signs ignored and obvious steps not taken, particularly in telling a story of such importance and conveying such serious allegations of wrongdoing.

963 For largely the same reasons as Network Ten, although looked at from a different perspective and recognising the evidence as to her role, I do not accept she has established that her


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