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 517 Despite these contemporaneous representations, additional drinking with Ms Higgins in the Ministerial Suite was not put to Mr Lehrmann in cross-examination because Dr Collins embraced the account given by Ms Higgins as to why she came back to Parliament House, which I have rejected. Mr Whybrow did not put additional drinking to Ms Higgins because it was the antithesis of his case theory. This is a good illustration of the difficulties with fact-finding when the only two witnesses to an event do not tell the whole truth. If I had my druthers, I would have liked to have seen Mr Lehrmann tested on his previous representations as to drinking with Ms Higgins and to hear Ms Higgins' response, but I understand forensically why that was not the case. Although I strongly suspect that additional joint drinking did take place in the Ministerial Suite, it is unnecessary for me to make a positive finding.

518 There is, of course, other evidence as to intoxication. There are the various assertions of Ms Higgins that her intoxication was "worse than even the worst night at schoolies" and "10 out of 10 drunk" (T927.38–45) and those of Mr Lehrmann downplaying her level of intoxication. Given my concerns as to the self-serving nature of this testimony, it is unsafe to place any significant weight upon this evidence, save to the extent that I accept Ms Higgins' inherently probable evidence that she felt very drunk.

519 There is also the important CCTV footage of Ms Higgins entering Parliament House at about 1:45am (Ex 17) and walking through security. Mr Lehrmann submits this demonstrates Ms Higgins: (a) walked in a straight line through the metal detectors wearing high heels twice; (b) bent over multiple times without falling over or stumbling, including once bending from the hip and standing on one foot without any support; (c) skipped along the corridor to catch up to Mr Lehrmann; (d) smiled and acknowledged someone out of shot and acknowledged a security guard; and (e) did not fall over or need to be carried through security.

520 This is all substantially true, but drunk people sometimes walk in a roughly straight line, and it also shows Ms Higgins trying to put her shoes back on (which, I presume would not be a complex task), struggling for a considerable period and steadying herself against the security desk. Her difficulty was so obvious that Ms Anderson called out to her: "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 gave up trying to put her shoes back on, collected her items from the tray and then Ms Higgins engaged in the unrestrained behaviour of skipping after Ms Anderson and Mr Lehrmann sans shoes (Ex 17 (at 01:46:57)). Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369