Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/171

 651 Indeed, consistently with her personality, the great care Ms Brown took to deal properly with the employment aspect of what had occurred (and how it intersected with any ongoing criminal investigation) is the subject of some further information tendered following the recent reopening and made clearer by the record of Assistant Commissioner Close's notes (MC (at 54)). At 1:27pm on 5 April, the following is recorded by the Assistant Commissioner (errors in original):

Called out be my EA to speak urgently to Fiona Brown COS to Minister Reynolds. She advised the employment of Bruce Lehrmann is to e discussed with him as he has finally responded to an email can she meet with him? I said, of course, but his employment matters are completely separate to the AFP investigation she should NOT raise the criminal allegations.

Fiona said she doesn't want to become a witness. I said "you already are" as you may have been the first person Brittany spoke to about the allegation she was sexually assaulted.

Fiona then sasid "how should we treat the issue of Bruce leaving a junior member of staff behind in that state?" I said I don't understand what you are referring to. She said - oh don't worry that's a separate issue. I assured her she could have a conversation with Bruce but not to discuss anything to do with the sex assault allegations AND advised her to take good notes of the conversation with him.

652 Ms Brown did what she did following taking careful and prudent employment and law enforcement advice. Network Ten's submission equating the actions of Ms Brown in this regard as akin to protecting a paedophile is not only profoundly unfair but also legally misconceived.

653 Two further matters not already the subject of findings should be noted. Not because I consider that they are of particular significance to my consideration of any defence, nor relevant to Ms Higgins' credit, but because evidence was adduced about them, presumably because they were thought somehow relevant to Ms Brown's credit.

654 First, is cleaning. On Monday, 25 March, notably before Ms Brown or anyone other than Mr Lehrmann and Ms Higgins working for the Minister knew of the incident, the Ministerial private office was cleaned. As is evident from the contemporaneous records, this occurred by reason of actions commenced as early as 12:40pm on 23 March, involving the Chief of Staff of DPS (who had initially been called while Ms Higgins was still in the Ministerial Suite), as "someone may have vomited in there" (MC (at 13, 19, 22)). Ms Brown gave the cleaning no thought at the time, but when she later became aware that there had been unauthorised after-hours access to the Minister's office, she called "MinWing Support" to make enquries as to Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369