Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/48

 Your answer is:

"Yeah, yeah, it's possible, but um, would I have–would I have acted beyond anything that was a bit flirtatious? Absolutely not, because I was in a relationship, so."

?---Yes.

Remember giving that answer?---Yes, I remember that answer.

161 As I will come to, Ms Lauren Gain's account that she observed Mr Lehrmann and Ms Higgins "being quite touchy with one another" and her memory of both engaging in a "passionate kiss" and of Ms Higgins "taking selfies of the two of them" (T1106.19) was compelling. It also reveals the hollowness of Mr Lehrmann's suggestion that his relationship with a girlfriend morally inhibited him from engaging in intimacy with Ms Higgins. This was an example of Mr Lehrmann being mendacious about a centrally important part of the case.

162 Fifthly, as detailed below, Mr Lehrmann gave false evidence about a litany of other matters, such as: being reprimanded by Senator Reynolds; the classified document security breach; as to securing entry into Parliament House; the circumstances in which he came to be accompanied by Ms Higgins when securing entry; about whisky; and about his representations made to Ms Brown. All these falsehoods, together with his Walter Mitty-like imaginings in skiting to Ms Gain about the Australian Secret Intelligence Service (ASIS), demonstrate that Mr Lehrmann had no compunction about departing from the truth if he thought it expedient.

163 Finally, was his assertion (which received intense attention from Network Ten) that Ms Gain colluded with Ms Higgins to invent an account of what happened. Mr Lehrmann alleged that Ms Gain presented a false account under oath in his criminal trial to attempt to pervert the course of justice. Mr Lehrmann's counsel in written submissions accepted he gave "strident evidence" about Ms Gain but then explained that this was prompted by the fact that "Ms Gain had been contacted by Ms Higgins in a deceptive and calculated manner ahead of the Project broadcast in a manner suggestive of an attempt to pollute Ms Gain's evidence and 'recruit' her". As I will explain when I discuss Ex 47, I am satisfied that Ms Higgins did seek to prompt Ms Gain's recollection in a calculated fashion – but it does not follow that Ms Gain was prepared to do anything but recount her truthful recollection when she was called upon to give evidence. Although I understand Mr Lehrmann's concern over Ms Higgins' conduct reflected in the creation and deletion of Ex 47, it was wrong for Mr Lehrmann to make a Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369