Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/118

 G.3Security and Entry to the Ministerial Suite

443 Upon arrival at the gate to the entry into Parliament House, Mr Lehrmann pressed the intercom and said: "Oh, hi mate. Bruce Lehrmann here with Minister Linda Reynolds. We've been requested to pick up some documents. I've forgotten my pass" (Ex 16; T306.40–42). I emphasise the word "we've" because during the trial it was often said "[I've] been requested …" (T123.36), but it is clear upon listening closely to Ex 16 that Mr Lehrmann uses the word "we've".

444 The reason for this lie, according to Mr Lehrmann, was that if he had suggested his reason for returning to Parliament House was to collect his keys, security would "have thought that was a minor thing" and told him to "bugger off and come back next week" (T351.14–34). I do not accept this speculative evidence and notably this suggestion was never put to the security guards for their comment.

445 A further flaw in Mr Lehrmann's account is that although he says he thought Ms Higgins had some unarticulated reason to access Parliament House, he never ascertained whether she had a security pass or a better reason to enter, which would have obviated his reason to lie (T310.1–19).

446 Ms Higgins recalled getting out of the car and walking to the "Point 8" entrance to the back of Parliament House. She says she could not recall why she had got out of the car; she gave the evidence that she just thought that because Mr Lehrmann had got out, she should too (T622.17–22). But I do not accept this evidence – as I have explained, she knew she was going to the Ministerial Suite and had acquiesced in doing so.

447 At around 1:41am on 23 March 2019, Mr Lehrmann and Ms Higgins came into Point 8 (Fairweather (at [9]); Anderson (at [11]); Ex 17 (at 01:41:43)). Ms Higgins could not remember much conversation between her and the security guards (T623.17–18).

448 The evidence of one of the security guards, Ms Nikola Anderson, was that she paid particular attention to Ms Higgins because she thought she looked nice, and she noticed that she had what appeared to be grass stains down one side of her dress (Anderson (at [12])). She also recorded in her later incident report that she was advised "that [Mr Lehrmann and Ms Higgins] had urgent business that needed tending to" (Ex R67). Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369