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 get them to squash the media inquiry." It – it spoke to the sort of relationship between the police and Parliament House that, in my view, sounded really close and it – it made me a bit intimidated and scared. So it did – it did change my opinion about what I perceived to be, I guess, the relationship between Parliament House and the police, it – it made me scared. It did, it intimidated me.

Well, I understand you would be concerned and intimidated about the fact of disclosure. I'm just trying to understand a bit better than I do now, why you say that the fact that the AFP contacted you about something that might happen, changed your view about, I imagine – are you saying the integrity of the AFP?---No. I'm not questioning the integrity, but it was more so the – the level of information that was passed so readily between ministerial offices related to Home Affairs and the AFP itself. The – the way that media inquires worked, to the AFP, the fact that I knew media advisors get clearance on those responses, because that's just the way that it works, and – and that did make me feel scared.

Scared of what, though?---Scared that if I re-enlived my complaint, that the Liberal Party would know pretty quickly, on the basis that minsters have oversight on responses on those sorts of matters, particularly sensitive ones.

748 This evidence, if accepted, reflects the extent to which Ms Higgins was starting at shadows. The original incident was, on any view of it, serious, and information as to the incident had now become known to a journalist and no doubt to others. There was a not insignificant possibility that the incident would become the subject of further publicity, either in the press or at a Senate estimates hearing. Indeed, five months later, anonymous, and inaccurate allegations related to the incident were spread by a letter sent to Senator Kitching, who then provided it to the Presiding Officers (MC (at 62)).

749 To quote H R Haldeman, "once the toothpaste is out of tube, it is awfully hard to get it back in". It was necessary to recognise that the information was out there in one form or another, and they may be some need, at some time, to deal with it.

750 Going back to October 2019, Ms Higgins, as the person most intimately involved, was being told of this publicity risk and it was consistent with the interests of everyone that information about a complaint of sexual assault (that an alleged victim, for her own good reasons, had decided not to pursue), not be the subject of unwanted publicity. Of course, if Ms Higgins changed her mind and enlivened her complaint, this information would spread and would likely become known as soon as any detailed investigation took place, including to members of the Liberal Party–but this had nothing to do with some sort of inappropriate conduct by the AFP. The apparent fear the AFP would not do its job if a complaint was pursued, even belatedly, is without rational foundation. Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369