Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/226

 isn't any.

(Emphasis added)

810 This exchange is telling for several reasons: (a) Mr Llewellyn does not address Ms Wilkinson's question as to the evident difficulty with Ms Higgins' account as to the bruise photograph; (b) Mr Llewellyn ignores and does not question Ms Higgins' prevarication or apparent prevarication in providing an explanation as to why she selectively retained some data; (c) notwithstanding the issues now raised as to the bruise photograph, the second photograph of the bruise has been forgotten; (d) a statement that my "gut feeling is there's no covert monitoring or wiping of phones going on" is not the same as immediately dismissing what was being said as to covert monitoring and remote deletion as a conspiracy theory (which was the impression Mr Llewellyn gave in his evidence); (e) importantly, why was Mr Llewellyn intent on ignoring matters which raise "unanswerable questions" and weaken or sow doubt as to an aspect of Ms Higgins' claims? And (f), equally importantly, why was this regarded as a satisfactory response, clearing up the confusion, by a journalist as experienced as Ms Wilkinson?

811 The only other evidence of a related enquiry made was at 1:18pm on 8 February 2021, when Mr Llewellyn sent a message – not to Ms Higgins, but to Mr Sharaz – saying (Ex R214):

Hi mate

A couple of non urgent questions for B. I don't want her having to wince when she sees a message from me so can I leave this up to you to find a good time to ask?

Any idea what date the photo of the bruise was taken?

812 Ms Higgins responded to the message a couple of hours later, departing from her earlier account and indicating that the photograph was taken a "[c]ouple of days after" the rape (a representation Mr Llewellyn had apparently forgotten), by saying (Ex R292): "I'm not sure on the exact date but it was taken in Parliament House during budget week (1st - 5th of April)".

813 Even leaving aside this particular inconsistency, going back to the making of the enquiry through Mr Sharaz, one would think that instead of being concerned that Ms Higgins would "wince" upon contacting her, Mr Llewellyn would be pressing Ms Higgins to explain the anomaly as to the retention of (apparently two) bruise photographs and the selected data already provided, a fortiori when she had already embraced a theory as to the deletion of all data, possibly by reason of an event Mr Llewellyn said he dismissed as nonsense. Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369