Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/59

 210 As I will explain below, what is notable about this aspect of the account of Ms Higgins is not only its inconsistency with the contemporaneous records and its falsities, particularly as to Ms Higgins' dealings with Ms Brown, but also its imprecisions and its reliance upon speculation and conjecture. Eschewing specifics, and primarily concentrating upon her alleged feelings rather than the actions or words of others, the initial account given to the Project team on 27 January 2021 had Ms Higgins use the highly ambiguous word "weird" (or variations, such as people were "acting weirdly") no less than 82 times (Ex 36). The same nebulous word, in some grammatical form, was also used 34 times during the much shorter interview with Ms Maiden (Ex 50).

211 Although there are differences, what Ms Higgins said to Ms Maiden is broadly the same as that conveyed to the Project team and save for the odd exchanges (at [300] and [751] below), the credit point is sufficient to be made by reference to the latter representations. Although, of course, I am conscious that the underlying truth of what was conveyed to the Project team is not directly relevant to the statutory qualified privilege defence (for reasons I will explain), these representations are conveniently dealt with in Section I.2 below.

The Victimisation Allegation and the Commonwealth Deed

212 In the febrile atmosphere of 2021, many instinctively believed what Ms Higgins asserted about the rape and the subsequent cover-up of the crime. In advance of any trial where the rape allegation would be examined, the broader allegations of Ms Higgins resulted in her being feted by many; becoming a celebrated speaker at a mass demonstration, being nominated for awards, receiving invitations to make a nationally televised speech at the National Press Club and a book deal with Penguin Random House (apparently worth $325,000 (T735.1–5)).

213 Further, the allegations were relied upon (together with other things), in support of several claims for compensation asserted to be "variously available against the Commonwealth of Australia as Ms Higgins' employer and in addition … other employees of the Commonwealth, the Hon Senator Reynolds, the Hon Senator Cash, the Commonwealth and the Liberal Party". More particularly, these claims involved the allegation that following her reporting a sexual assault she suffered "victimisation, including ostracism and being pressured not to discuss the assault or the [Commonwealth's, the then Prime Minister's and Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369