Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/236

 the pressure not to report the allegations to police based on the facts that were within her knowledge.

(Emphasis added)

845 But when it came to these facts, what were they?

846 He understood they were that "she said that she had received phone calls and the odd drop in from Yaron Finkelstein" which he "imagined that it would have been terrifying for her" (Llewellyn (at [224])). Nothing was done to investigate the existence of or timing of this or any other such "facts", which Mr Llewellyn assumed existed when it was said the cover-up caused her to choose between her career and pursuing the complaint. Moreover, Ms Higgins had made clear in the first meeting everyone's jobs were up, and employment in the Minister's office would cease shortly after the date of the election. Against this background, when Ms Higgins said at this meeting "[a]nd they intentionally made me feel as if I was going to lose my job so I wouldn't go to the police" (Ex R220 (at 2:07:56)), it seems not to have occurred to anyone on the Project team that given the pending election (which the Government was expected to lose) and the fact Ms Higgins would lose her job anyway (along with all the other staffers), that the whole premise of fear of losing her job merited investigation.

847 Returning briefly to further enquires relating to data, during cross-examination, Mr Llewellyn was taken to a portion of the second interview and gave the following evidence (T1522–3):

MR RICHARDSON: Isn't it the case that after that meeting, you and Ms Wilkinson, in that exchange of messages, had reached a point where you both believed that there were serious problems with her allegations on this topic?---No, no. We both – no. We both agreed that there was a lot of unanswerable things that we didn't have proof on. It was a – it was a very broad story about how an allegation was handled. It was not a story about a photo.

Mr Llewellyn, I want to suggest to you that when you say that it raised unanswerable questions, what you meant by that was that Ms Higgins couldn't answer those questions without appearing that she was either unreliable or a liar?---No, I reject that, because Ms Higgins didn't understand. She was going to Vodafone or Apple - - -

Well, she never did, did she?---At – I'm – I'm not aware one way or the other.

She never reported back to you that she had, in fact, visited Vodafone or Apple, did she?---She – we're talking about someone who is in an extremely – extremely – vulnerable state, who maybe for the second time has ever spoken to someone in detail about allegations of a serious rape. This photo was part of the story that she was – you know, a part – was something, but it – but it was, you know, something

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