Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/120

 453 These prim criticisms were never put to them for their comment, and as anyone with the life experience of being in pubs frequently would readily understand, drunk people are often able to compose themselves for a fleeting or short interaction and it is often difficult to form an immediate and accurate view as to the extent of intoxication of a person with whom one has not had any extended contact. I have little doubt that what happened with staff obtaining entry this night was no different than what would happen if staff presented themselves in the same way at entry points of countless professional offices throughout the country. On the information the security guards had available to them, they had no concerns that something untoward was going to happen. After having had the benefit of hearing them in the witness box, I have no doubt the security guards were conscientiously trying to do their jobs and the submissions critical of them, which smack of both hindsight distortion and Grundyism, ought not to be accepted.

454 In any event, Mr Lehrmann and Ms Higgins then proceeded to put personal items into trays that went through a security scanner. Mr Lehrmann walked through a metal detector and Ms Higgins followed him. The metal detector was activated twice by Ms Higgins (Ex 17 (at 01:45:02–12)) and Ms Anderson realised the culprit was Ms Higgins' shoes. Ms Higgins then returned through the metal detector and removed her shoes. She put her shoes in a white tray and pushed the tray through the scanning machine. She came through the metal detector without wearing her shoes, and it was not activated (Ex 17 (at 01:45:50)).

455 The CCTV then records Ms Higgins making unsuccessful attempts to put on her shoes. Ms Anderson then said: "Don't worry about it, just carry your shoes. It's okay but put them on when you get up there" (Anderson (at [29])); Ms Higgins then collected her items from the tray and hurried through a set of double doors towards the lift (Ex 17 (at 01:46:57)). I have no doubt that Ms Higgins' inability to put on her shoes was caused by her state of inebriation. This is consistent with her walking barefoot through Parliament House, and then tossing her head back and looking towards the ceiling while she waited to be let into the Ministerial Suite (Ex 17 (at 01:47:56)).

456 It is worth pausing at this point in the narrative to make a miscellaneous point relevant to Mr Lehrmann's credit. Mr Lehrmann said he had two phones and a wallet with him for the whole evening (T92.5–6; T249.12; T316.6–9). In cross-examination, he denied having just one phone when he entered Parliament House and says that he took out both devices when he came through the security door (T250.21–251.4; T314.3–16). I am satisfied that a close Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369