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 actually given by those present and commonsense conclusions drawn from the nature of the occasion).

386 Having explained the timing and nature of the social occasion, it is worthwhile organising the further and important factual findings relating to events that took place at The Dock into three topics: first, Mr Lehrmann's payments; secondly, the drinks consumed by Ms Higgins; and thirdly, a summary of the interactions between Mr Lehrmann and Ms Higgins.

Mr Lehrmann's Payments

387 As I have already noted, Mr Lehrmann had initially said in his evidence, when asked how much he had to drink at The Dock, that he had "only a couple of rounds with Austin. We – we were in – so I think it would have been one round for me, one round for him" (T94.43–45), that is, each shouted the other once (T244.14–39). This, of course, was consistent with his evidence he did not have any cash with him on the night (T249.8); his adamant insistence he only had two sources of funds that he could access (an EFTPOS debit card and a credit card (T249.17–47)); that he only used one of these cards (T250.9–19); and his relevant account statements provided by him to the AFP and which were adduced into evidence.

388 As I will come to shortly, the CCTV establishes beyond argument what happened and inevitably Mr Lehrmann was required to accept the answers he had given about not having bought drinks for anyone other than Mr Wenke had been false (T260.18; T288.30–40).

389 Mr Wenke does not recall lending his credit card to Mr Lehrmann (T1126.28–29) and it would not have been consistent with his usual practice to have done so (T1126.31–32). By the end of Mr Lehrmann's evidence, no rational explanation had been forthcoming.

390 How then did he purchase them?

391 The answer can be seen in a portion of the CCTV footage which demonstrates that at about 9:35pm, Mr Lehrmann handed over a card in payment of a $42.50 charge for a round of drinks "one of which is for Ms Higgins" (Ex R42 / Ex 17A (at 21:34:56); T2359). Despite his persistent representations to both the AFP and this Court that he only had access to the cards in respect of which he provided statements, it is evident this was untrue.

392 This issue is essentially ignored in Mr Lehrmann's written submissions, with the comment being made that Mr Lehrmann's evidence "about the number of drinks purchased" at The Dock was "less problematic than it was made out to be" because it was not just him "who Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369