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 367 Ms Higgins said she left the Kingo at about the same time as Mr Lehrmann (approximately 9 or 9:30pm), and the pair waited outside the venue for their respective rideshares. Around the time Mr Lehrmann's vehicle arrived, Ms Higgins alleges Mr Lehrmann tried to kiss her, an advance she rebuffed. Mr Lehrmann does not recall waiting outside the Kingo with Ms Higgins and denies trying to kiss her or ever making an advance towards her (T206.7–14).

368 This advance might have happened, but I am not satisfied it did. I am chary in accepting this version of events for two reasons: first, this far from unremarkable incident was not raised in 2019 and is not even mentioned in the five-hour interview between Ms Higgins, Ms Wilkinson and Messrs Llewellyn and Sharaz (Ex 36); nor is it raised in the uncut, two-hour interview between Ms Wilkinson and Ms Higgins (Ex 37) – even when Ms Wilkinson (and for that matter, Ms Maiden) asked Ms Higgins if she had an inkling that Mr Lehrmann may have been interested in her; secondly, it is raised for the first time when Ms Higgins was already being disingenuous about a number of things and I cannot discount the possibility this might amount to an attempt to buttress her allegations by pointing to a prior incident of inappropriate conduct that cannot be definitively disproved by any contemporaneous document or independent witness. Notably, this alleged occurrence paints Ms Higgins in a good light by showing her rebuffing Mr Lehrmann's unwelcome attempts at intimacy (which cogent evidence establishes she did not do a week or so later at 88mph).

369 The effect of giving this evidence is reflected in the submission now made by Network Ten as painting Ms Higgins as experiencing a well-known phenomenon: "Ms Higgins' first reaction was depressingly familiar to many women–she blamed herself for doing something that had unintentionally led Mr Lehrmann on or encouraged him to kiss her".

370 In any event, nothing really turns on this incident. What matters, to the extent it does matter, is that Mr Lehrmann was attracted to Ms Higgins at this time and later in March (irrespective as to whether he made a clumsy and unwelcome attempt at osculation outside the Kingo).

V20 March 2019: Mr Lehrmann's First Security Breach

371 On Wednesday, 20 March, an incident took place involving Mr Lehrmann and a secure document. In the witness box, and on the Spotlight programme, Mr Lehrmann described it as a "very brief minor incident" (see, for example, T89.8–11) for which he was briefly scolded by a subordinate, Mr Payne. But, as he eventually conceded (T219.9–12; T219.35–36), it was much more than that. Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369