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 as recently as June 2023, he had told the Spotlight programme (T228.42–229.48; E x R16) that he had given Ms Brown the whisky excuse on 26 March 2019 (T230.1–20).

463 This is not just another unsatisfactory aspect of Mr Lehrmann's evidence. This is an important lie. It was his way of distancing himself from the rationale he had originally given for going to the Ministerial Suite, being the same reason conveyed to Ms Brown, immediately and spontaneously, when first confronted with having to account for his actions in the days after the incident. Moreover, it was a lie that had serious consequences, because with knowledge of the truth, he allowed his denial of having alcohol in his office to go uncorrected throughout his criminal trial, and allowed submissions to be advanced to the jury that the account he had given to police was truthful and accurate (T202.1–3). I hasten to add that I have no doubt his senior counsel acted in accordance with appropriate ethical constraints at the criminal trial, and so it must follow he did not apprise his own trial lawyers as to the true position.

IIMr Lehrmann's Account

464 Turning to Mr Lehrmann's current account, as we know, he says he came back from a nightclub in the early hours of a Saturday morning to get his keys, but then decided to work on Question Time briefs prompted by information that he had received at The Dock. Despite its length, it is worth setting out his account given in chief (T142–145.30):

MR WHYBROW: Mr Lehrmann, you have already given evidence that you're in – you had come back to Parliament House to get your keys?---Yes.

What did you do when you reached the end of the line, or the route that you have drawn on that map?---I placed my phones down on my desk and I observed the Question Time folders opposite me.

Okay. Can you describe what that means?---So against the wall, I had carriage of about five or six Question Time briefing folders about the size of the court books here.

And are they documents that needed to be kept in a secure cabinet, or anything of that nature?---No, they're not.

What’s the nature of a Question Time folder?---Primarily political in nature, to prepare a minister for Question Time and senate estimates that are also utilised for as well. As well as some media and other external things, if a minister was travelling to an event, we had a brief ready.

In relation to Senator Reynolds, did that encompass a single portfolio or a single subject area?---It did not.

And why was that?---In the Senate, senators who are ministers have representing

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369