Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/56

 her father and there was a pre-existing arrangement for her father to come to Canberra (T979.25–34);


 * (3) telling Mr Dillaway that she went to the doctor and had a sexually transmitted infection test, when she did not – said to be a far from benign lie in the circumstances (T782.13–24); and


 * (4) despite giving evidence she was suicidal and lonely in Western Australia (T682.26–33) sending text messages that are inconsistent with such claims (see Ex R99 (at 1077, 1086, 1089, 1109, 1145, 1146, 1171, 1185, 1198, 1216)).

192 Thirdly, Mr Lehrmann relies upon false statements in Ms Higgins' 2021 records of interview with the AFP, such as: (a) while trying to gain entry to Parliament House she was "falling all over the place, I fell over at Parliament, I couldn't sign my own name" (Ex R884, Q33–4) when the CCTV footage does not support these assertions (Ex 17); and (b) telling the AFP she did not receive any emails from Mr Lehrmann before work on the Monday after the weekend of the incident, when she clearly had (Ex R885).

193 Fourthly, reliance was placed on her conduct in telling the AFP in 2021 (T813.17–21) and the criminal trial in 2022 (Ex 71 (at T130)) that she did not wear the dress she wore on the night of the alleged rape again for months, notwithstanding she was photographed wearing it only weeks later.

194 Fifthly, Mr Lehrmann relied upon what is said to be the suspicious evidence as to the "bruise photograph" and, more generally, the selective deletion of data from her phone other than data that might be perceived as being either supportive (or at least non-contradictory) to her allegations.

195 Sixthly, there was the belated accusation during her second interview with the AFP in May 2021 that Mr Lehrmann attempted to kiss her on the evening of Friday, 15 March (T607.33–38) notwithstanding Ms Higgins' failure to mention this striking incident at an earlier time, including to Mr Dillaway (T1277.33–34) and in response to direct questions as to whether Mr Lehrmann had given any inkling of his attraction towards her, prior to the fateful night.

196 Seventhly, her inconsistent and contradictory evidence at trial about having a panic attack and missing the start of Mr Ciobo's valedictory speech (T676.16–28; T715.28–32; T717.1–4; T723.43–25.7). Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369