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 F.12Mr Reedy

331 In two interlocutory judgments delivered ex tempore during the trial, I detailed the background of Mr Tim Reedy (the forensic lipreading expert) and the nature of his evidence: Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577 and Lehrmann v Network Ten Pty Limited (Expert Evidence) (No 2) [2023] FCA 1647.

332 In the latter judgment, in allowing the tender of Mr Reedy's evidence (initially given on the voir dire) in the trial, I said (at [17]) that the arguments raised by counsel for Mr Lehrmann in the context of seeking discretionary exclusion of the evidence of the lipreader "are matters which will need to be considered carefully when I assess the weight of the evidence, including my personal observations and assessments of the interactions captured by the relevant CCTV footage" (original emphasis).

333 Mr Reedy was an impressive and accomplished man who did his best to assist the Court but, in the end, there is no need for me to form definitive views about his evidence. This is because I do not intend to place weight upon it.

334 This is no reflection upon Mr Reedy. After the hearing, I have had the opportunity of considering the interactions captured by the relevant CCTV footage closely and repeatedly. I have formed my own views from my observations as to the nature of the interactions and communications between Mr Lehrmann and Ms Higgins, which emerge tolerably clearly from many reviews of the recording.

335 In not placing weight on Mr Reedy's evidence, I am additionally conscious of the limitations on the process of lipreading from video (readily acknowledged by Mr Reedy) and, more importantly, that the opinion lipreading evidence may, at least to some extent, have been affected by the fact that when Mr Reedy viewed the video, he "saw that the man was encouraging her, enticing her to drink everything that was on the table" (T2181.5). I am grateful for Mr Reedy's assistance, but I am in as good a position as him to assess whether this is a fair characterisation of what occurred.

GFACTUAL FINDINGS OF RELEVANCE TO THE SECTION 25 DEFENCE

336 Before going further, I should make four preliminary points.

337 First, although I have considered all the evidence adduced, in this section I will make findings about what relevantly occurred without necessarily setting out conflicting accounts. I Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369