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 careful consideration I have decided not to proceed any further" while remarking that she "really [did] appreciate your time, professionalism and assistance with this complaint" and that Detective Harman "helped more than you know" (Ex R9).

693 This far from unique and understandable response to what had been accurately explained to her by experienced AFP officers (engaging with her in the company of an experienced support person from a rape crisis centre) is the real reason why the complaint was not pursued in 2019.

694 But it does not end there. There is more in the contemporaneous record antithetical to the notion of any cover-up. Despite Ms Higgins making it plain she did not wish to proceed, the AFP then went to some lengths to ensure the complaint was concluded appropriately.

695 On 15 April, Agent Cleaves had left a message to arrange to view the CCTV footage and recorded a conversation she had with the SACAT that Ms Higgins did not want to proceed and had not called the CRCC (T1397.19–32). And again, even though there was no investigation on foot, on the following day (16 April), Agent Cleaves viewed the CCTV footage in the security room and made notes (T1396.31–36). She also followed up, obtained, and then reviewed an outstanding security report from the DPS (T1394.24; T1396.24–29).

696 Further, as Detective Harman explained (T1302.1–22) she "was still continuing … to follow up the CCTV footage from Parliament House" and that:

… [Ms Higgins'] email didn't cause me concern because that was the ongoing theme throughout either my briefings or my interactions with her is that she didn't want to proceed at that time but may in the future. So that email that she sent to me wasn't out of the ordinary, or wasn't a shock to me that she had changed her mind vastly from a point. But Sergeant Rose did have – just wanted to make sure. So I did make some inquiries. And I know the victim liaison officer with ACT police was due to call her, so I did ask her as well that some time following when she did make contact, could she ensure that Ms Higgins did make that decision for herself. So I did get – you know, with my unanswered calls and text messages, I did get the impression that Ms Higgins perhaps didn't want to talk to me verbally at that point. So I was trying to get someone else to make that inquiry for me. I do know that Detective Sergeant Langlands did call her at some point…. I was made aware of a phone call that was made by him to ensure that it was her decision.

697 After his evidence was given, I asked whether Detective Harman recalled what was said about that telephone call with Detective Sergeant Langlands, to which she responded (T1302.27–32):

I only read a case note entry on my job in relation to it, so I don’t know what the – I

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