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The DVD release of season four was launched in Regions 1, 2 and 4. This season is at present out there to stream via CBS Access, nonetheless, episodes 15 and 32 are missing as a result of copyright permissions. 262 As I explained by way of my Associate, this was misconceived on no less than four bases. It is price noting that the AFP officers Ms Brown assisted Ms Higgins in seeing promptly are (even now) described by Ms Higgins as having been “great and were really lovely to me”, “amazing” and “nice” (T821). 272 She was not somebody to speculate or bounce to conclusions and that i reject any suggestion Ms Higgins expressly stated to Ms Brown at both their first or second meeting that she had been raped or sexually assaulted. 265 The submission is also made that whether or not Ms Higgins advised Ms Brown that she remembered Mr Lehrmann being “on high of me” (T2096.30-31) at their first (as Ms Higgins asserts) or second assembly (as Ms Brown asserts) is “immaterial”, as a result of Ms Brown’s account favours Network Ten as “Mr Lehrmann’s case theory that Ms Higgins mentioned she had been sexually assaulted at the first assembly to avoid wasting her job, falls apart”.
258 When closely analysed, Ms Higgins’ out-of-court docket representations in 2019 are of a different character than those out-of-court representations from 2021 and in court thereafter. Any inconsistent or untrue representations in 2019 should not inconsistent with the conduct of a genuine victim of sexual assault struggling to process what happened, searching for to cope, and working through her choices. It’s really for her to decide about whether she needs to begin a process about going to the police and that was the reason you were pushing back? I’m confident that she had both booked to see into the police or was going to e-book in to see the police. She mentioned: “I didn’t know if I was going to return to appearing at all. You knew the knowledge that had previously been conveyed to you: younger individuals, intoxicated, come again by themselves to an office, drinking whisky, somebody wakes up naked. She turned slowly, with her gold-link purse casually held in her left hand; turned so that she made an entire, leisurely circle, as if looking out for somebody. I’m unsure if – it was positively in the subject of dialog, both it would show how drunk she was or she needed to see it or somebody had seen it and told her how drunk she was …
I also told her that, you already know, this is big information, and she said, “Yes, with the election so close”. For all I do know, the Senator (who was not called), may have completed so by this time and I suspect that’s the conclusion I’d have drawn. I stated, “I’m actually sorry,” and, you already know, “I really want you to press this. It’s actually bad what’s happened,” and that i gave her reassurances that I was here if she needed to talk to me. I am confident that police have been talked about in that interview – in that meeting – sorry, that dialog along with her. You had your third assembly with Ms Higgins. She little question may have finished some things differently, for example, regardless that Ms Higgins did not increase it on the time, the unprompted failure to recognise the inappropriateness of holding the initial assembly with Senator Reynolds in the Minister’s office was maladroit. But I accept Ms Brown’s evidence of her circumspection was given genuinely, and this mirrored what the contemporaneous record demonstrates was her guarded persona and careful, even pedantic, method. 286 Major Irvine was also an essential and spectacular witness who typically gave responsive, cautious, and regarded proof.
268 I had the opportunity of intently observing Ms Brown giving evidence over two days for roughly five hours. When it is your turn to discuss your day, begin hashing out moments when your companion crossed your mind, together with details about specific steamy ideas or fantasies that popped up throughout the hours main as much as your name. 261 Prior to trial, my Associate acquired a communication from the solicitors from all events asking me, in effect, to provide them an advance ruling on the tender of various paperwork and, if I allowed them to be adduced, foreshadowed that the events “would not call upon their subpoenas”. I set aside the Network Ten subpoena (as I used to be informed that Network Ten did not now propose to name Ms Brown in their case). 260 Both Mr Lehrmann and Network Ten subpoenaed Ms Brown to present proof and foreshadowed calling her of their case. 266 Despite all this, Network Ten says the proof of Ms Brown “must be treated with some caution” as a result of: (a) she made “selective” and never literally contemporaneous notes; (b) Ms Brown professed recollection of issues not recorded in her notes (T2031.6-10); (c) she had a “basic tendency to understate the apparent significance of what she had discovered in regards to the incident” and it is “tough to just accept her proof” that sexual intercourse or a sexual assault had been committed and it was something that might “not be dominated in, and couldn’t be ruled out”, notwithstanding she was apprehensive that one thing terrible had occurred (T2041.4-5) and it had entered her mind that there had been non-consensual sex (T2055.5-47; T2058.42-44).