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 inheritors of the Westminster tradition of an Executive responsible to a unicameral or bicameral Parliament. Even going further afield, there is a reason why the United States Capitol Police, very much in the news at around the time of the interview with Ms Higgins, unlike other federal law enforcement agencies, are appointed by the legislative branch of the federal government of the United States.

841 It is apparent Mr Llewellyn and Ms Wilkinson were operating on the basis that, in substance, there was a politically managed approach to policing within Parliament House such that it was open to members of the Executive to interfere with how the AFP went about their job in investigating crime. From this dangerous notion, it was a short step to embracing the idea that any delay in securing CCTV footage must be suspicious, rather than being the regular product of the need to obtain the permission of the Presiding Officers. The supposed institutional fetters on policing seem to have prompted the musings that Ms Higgins may have been spirited to Parliament House deliberately for the purposes of the assault because of roadblocks to recovery of evidence (apparently contributing to the notion that if one was to accept what Ms Higgins said, it was the safest place in the country to rape someone) (Ex 36 (at 0:25:09–0:28:33)).

842 Moreover, and even more importantly, insufficient work was done to ascertain or appreciate the fact that Ms Higgins had put a stop to the AFP investigation – not because of any delay – but only three weeks after the incident occurred (let alone ascertaining that the CCTV footage had been safely secured and was available).

IIIThe Second Interview – 2 February 2021

843 Even a failure to confirm an aspect of her story did not shake the conviction of Mr Llewellyn. For example, he noted that even though he was "unable to confirm anything about the AFP investigation" this lack of information "did not mean that something was untrue or that the reliability of Ms Higgins' story was otherwise in doubt" (Llewellyn (at [184])). Put another way, if this important detail could not be confirmed, this did not mean there was any need for pause or mature reflection upon what other steps could be taken to procure information as to the objective facts surrounding Ms Higgins putting a stop to the AFP investigation shortly after the incident had been reported.

844 At one point in his evidence, Mr Llewellyn said he (Llewellyn (at [224])):

… thought that [Ms Higgins] was honestly expressing how she felt at the time as to

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