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 the applicability of the defence. This is correct, in that whether Ms Wilkinson had an unreasonable state of mind is not the issue in determining the s 30 defence, and her state of mind is only relevant insofar as it assists in fact-finding as to what happened, or as it can be seen reflected in the reasonableness of her conduct.

954 I am not being in the least critical of Ms Wilkinson holding the views she expressed to Mr Sharaz and Ms Higgins (and holding them strongly). Many would find the sentiments reflected in them worthy, particularly insofar as they relate to advocating for those who are victims of sexual assault, which the empirical evidence suggests is an underreported crime. But no doubt the strength of her views presented challenges to prevent any belief undermine fairness or independence when reporting upon an allegation of sexual assault and a political cover-up of such an event.

955 Naturally enough, her state of mind informed her conduct, and it is the reason why she so associated herself with Ms Higgins; was willing to assist in the politicalisation of her account; helped craft Ms Higgins' responses; and was dismissive about anything which might be seen to constitute information contrary to what Ms Higgins said right up to the time of publication.

956 The fact she did allow this commitment to undermine her independence emerges clearly from the evidence.

957 Apart from the nature of her interactions with Ms Higgins I have already described, it is well illustrated by a contemporaneous message on the day of broadcast. Ms Wilkinson watched live the Prime Minister's comments about Ms Higgins' allegations and saw other Parliamentarians, including Senators Gallagher, Wong and Reynolds, comment on the allegations in the Senate. At 2:46pm, she sent a message to Mr Llewellyn: "Okay. Have you been watching Question Time? Lots of focus on the story. Penny Wong magnificent. Reynolds lying through her teeth" (Ex R203). Of course, at this moment, as Ms Wilkinson accepted (T1895.33), the only information she had about Senator Reynolds' interactions with Ms Higgins, was derived from either: (a) Ms Higgins' account; or (b) what Mr Carswell had said in the response she had received that morning, being a response which: (i) referred to contemporaneous material; (ii) was contradictory to what Ms Wilkinson considered to be the core aspect of Ms Higgins' account; and (iii) had not been raised with Ms Higgins.

958 She instinctively believed Ms Higgins must be telling the truth and Senator Reynolds must be lying. Of course, she was perfectly entitled to her view, but it is not redolent of the conduct of Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369