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 out", notwithstanding she was worried that something terrible had happened (T2041.4–5) and it had entered her mind that there had been non-consensual sex (T2055.5–47; T2058.42–44).

267 Ms Wilkinson makes the submission it is open to the Court to form the view that Ms Brown is not being dishonest about her insight as to what she had learned about the incident, but "rather she completely lacks ordinary human insight into such matters" perhaps because she lacked training and what was peculiarly called "general human experience".

268 I had the opportunity of closely observing Ms Brown giving evidence over two days for approximately five hours. Without any intended disrespect or (I hope) stereotyping, Ms Brown struck me as an archetype of a successful professional administrator of a certain age and disposition. She had a conservative outlook and conducted herself in a careful and (generally) risk adverse way. Despite having her health seriously affected by allegations of shameful conduct and (like the other principal actors) experiencing a torrent of social media abuse, she gave evidence in a calm way, and was responsive to questions.

269 One aspect of her evidence was particularly striking. Despite Ms Brown facing sustained pressure from her Minister and one of the Minister's colleagues to report the incident to the AFP – even though she was unsure an allegation was then being made of rape and irrespective of the wishes of Ms Higgins – she pushed back.

270 She explained her reasoning in this exchange where I sought to summarise and clarify the evidence given on this topic (T2129.1–27):

HIS HONOUR: I'm just trying to get this in my mind. I'm sorry if I'm being obtuse.

You had your third meeting with Ms Higgins. You knew the information that had previously been conveyed to you: young people, intoxicated, come back by themselves to an office, drinking whisky, someone wakes up naked. You also know by the end of the third meeting that, as I understand your evidence, that Ms Higgins had said to you, "I remember him being on top of me." Just pausing there. At that stage, did you have a view one way or the other as to whether or not it's likely - let's leave aside the question of rape for the moment, at that stage, putting all those things together, did you believe that they had been engaged in some sort of sexual activity?---It was a possibility. Consensual, non-consensual, you couldn't rule it in, couldn't rule it out.

No. I'm not talking about consent. I'm just talking about whether or not---?---It was possible.

…I presume it's a very serious thing in your mind to push back against two Ministers about whether or not something be reported to the police?---Yes.

And, as I understand your evidence, your motivation in doing that is because you

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