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 interactions with Ms Higgins at The Dock "were professional and cordial" and that "I recall them being minimal, to an extent" (T94.38–39) was a serious distortion of their dealings. Those interactions cannot be properly characterised, as Mr Lehrmann attempted to do, as "some brief social interactions" or "incidental conversations" and "nothing of substance" (T246.19–26). Contrary to his evidence, he did spend most of the evening with Ms Higgins and, as the night wore on, was aware of her drinking and, towards the end of the evening, was encouraging her to drink well beyond the bounds of sobriety.

405 He was also keen to continue the evening and his interactions with her. As events at The Dock were winding up, a plan was made for a group to then go to an "80s themed" bar, known as "88mph", and located in the Canberra Civic. Although it does not matter, no evidence was adduced as to why the bar had this name, but one might speculate the owner was an aficionado of the popular 1985 film Back to the Future where Marty McFly (Michael J Fox) travels in a DeLorean time machine from the 1950s back to the 1980s at that speed.

VIII88mph

406 As it happened, only Mr Lehrmann, Ms Higgins, Mr Wenke and Ms Gain continued on to 88mph. Perhaps unsurprisingly, given the hour of the visit and the amount of alcohol that had been consumed, the evidence as to aspects of what occurred at 88mph was somewhat hazy.

407 Mr Lehrmann submits there is "no consistent or reliable evidence as to how many drinks Ms Higgins consumed at 88mph", other than what can be inferred from the fact Mr Lehrmann spent $40 at 88mph (or, more accurately, $40 shown on what we now know are incomplete card statements) (Ex 15). But Ms Higgins did give evidence Mr Lehrmann and Mr Wenke bought her and Ms Gain drinks and that they were shots (T619.11–12). Although she could not recall how many shots she had, her recollection was that there were rounds of drinks, plural (T619.19). Ms Gain said she could "remember having at least one drink; I don't recall what that drink was" (T1106.15–16) and Mr Wenke explained he recalled "talking and drinking" but did not recall the specifics (T1123.9).

408 It is not entirely clear, but I think it is highly likely that Ms Higgins had at least two and possibly more shots at 88mph given the context of the earlier drinking (particularly towards the end of the festivities at The Dock), Mr Lehrmann's encouragement of the drinking, and the solecism of taking the benefit of shouting and not reciprocating. This is consistent with Ms Higgins' evidence and suggests that she had a least two shots (which, with the benefit of s Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369