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 referred to initially as "Bumble guy", but as noted above (at [256]), later was given the dignity of being described by his Christian name, "Nick".

377 Ms Higgins went home after work to ready herself for the night ahead. She had worn her favourite white pencil dress to work that day with a cardigan "to make it … more office appropriate" (T611.36–40). She swapped her cardigan, work bag and work items (including her Parliamentary pass) for a smaller handbag and had a glass of wine before catching a taxi or Uber to The Dock (T611.35–45).

378 Quite separately, Mr Lehrmann and Mr Wenke made plans to have "a couple of beers and a bite" at the Kingo after work (T240.37–41). Unconvincingly, Mr Lehrmann told the Court he "recall[ed] Austin and I working on something" and could not "recall if it was necessary to go home after the Kingston or return … to Parliament" (T240.41–47), while Mr Wenke was clear, and I accept, he had finished his work for the week by the time he set off for the Kingo (T1121.37–38). There is no record of Mr Lehrmann telling his girlfriend of his plans. At some point over the course of their repast or afterwards, Mr Lehrmann and Mr Wenke decided to accept the invitation to "kick on" to The Dock.

VIIThe Dock

379 Fortunately, we can identify with some precision what went on at The Dock given the existence of what Mr Reedy correctly described as high quality and clear CCTV footage (Ex R42 / Ex 17A). Over an extended period, it shows a group seated together around a long table, variously chatting, mingling, drinking, tucking away pizza and chips, going to the bar and moving to and fro.

380 Ms Higgins arrived at about 7:19pm and greeted the group of about eight, including Ms Gain and Major Irvine who had each arrived slightly earlier at around 7pm or so.

381 Mr Wenke's evidence was that he and Mr Lehrmann arrived at The Dock around 8pm or 8:30pm (T1121.40–41) but the CCTV records the group at the large courtyard table with Mr Lehrmann and Mr Wenke approaching at 8:39pm (Ex R42 / Ex 17A (at 20:39:31)), at which time Ms Higgins was in conversation with Nick. Mr Lehrmann agreed that the image recorded him and Mr Wenke arriving at The Dock (T252.24). After being introduced and exchanging pleasantries with those at the large table, Mr Lehrmann and Mr Wenke then went inside to the bar to order their first round, and then went to the courtyard and sat at a smaller table at around 8:44pm (Ex R19) (T264). Ms Gain was seated with them (T1105.21–25). Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369