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613 I have referred to many lies of Mr Lehrmann but the lies that presently matter are those lies that relate to a difficulty materials to the query as whether sexual intercourse with out consent passed off as alleged. As I noticed in the limitation judgment, however Mr Lehrmann had the privilege to refuse to reply any question on the bottom of self-incrimination, after retaining authorized advice, he gave his account of no sex happening to the AFP and subsequently, his then legal consultant, Mr John Korn, made a statement that Mr Lehrmann “completely and unequivocally denies that any type of sexual exercise occurred in any respect” (Ex R98). This authentic kind is in the present day often known as pandolce alto (‘deep pandolce’), while a easier variant which makes use of baking powder is named pandolce basso (‘flat pandolce’) and is essentially the same as the Genoa cake bought within the UK, with a moist but crumbly texture.
The President’s formulation has the benefit of avoiding the unsure implications from the various form of expression in Morgan. She attended Chiltern Edge Secondary School earlier than going to Reading Blue Coat School for sixth type. In 2004, a double dwell album of the Licks Tour, Live Licks (UK 38; US 50), was launched, going gold in the US. 635 Shortly after that meeting, at 11:45am, Ms Brown received a call from Ms Lauren Barons Assistant Secretary, Advice and Support Branch of the Ministerial and Parliamentary Services (M&PS) division of the Department of Finance and Administration. One can call these “degenerative” and consider them as an expression of hereditary deterioration. 626 It’s not enough simply to make out a defence to 1 imputation. 624 Mr Lehrmann contends that there are differences between the imputations in that the peculiar affordable person would possibly assume that for Mr Lehrmann to proceed raping Ms Higgins after she had pleaded a number of occasions for him to stop (Imputation B) was particularly heinous, “and more so than the naked truth of rape (Imputation A), which is perhaps committed just by being recklessly indifferent to whether or not or not there was consent”. For instance, situations that consensual sex occurred, or Mr Lehrmann was not reckless while having non-consensual sex, are extra probably than eventualities they simply “pashed” and drank whisky and Ms Higgins later simply decided to take off her clothes for a lark or as a result of she was feeling shut or had a fit of the vapours, or that Ms Higgins “ready herself” to have sex by mendacity down bare however fell asleep and Mr Lehrmann departed because of scruples as to not benefiting from the otherwise willing Ms Higgins.
Ms Higgins then responded to a query as to whether there was the rest Ms Brown might do by then saying “no, I spoke to dad on the weekend, and he’s coming down on the weekend to see me”. 636 Ms Brown was instructed by Ms Barons of the entry into the Ministerial Suite by Mr Lehrmann and Ms Higgins whereas they have been intoxicated, that Mr Lehrmann had left the office round 2:30am and that a safety guard had discovered Ms Higgins “naked and handed out”; she was additionally instructed that Ms Higgins was provided an ambulance and medical assistance, which she declined (although it will have been extra accurate to say calling for such help was thought-about, but deemed pointless, after a examine on Ms Higgins). If Ms Brown had wished to move Mr Lehrmann on and try to sweep issues below the carpet, there would have been an apparent manner of attempting to do so – he had left the office and was never to return and Ms Brown wouldn’t later have taken energetic steps to encourage Ms Higgins to report the incident to the AFP. 631 Moreover, given the central importance of the creditworthiness of Ms Higgins and the care needed in dealing with her evidence, as I’ve explained, it’s relevant to ascertain whether or not Ms Higgins has made false representations (both in and out-of-courtroom), including as to matters different than simply main as much as her being within the Minister’s workplace.
It is said to be “bizarre” that Mr Lehrmann was terminated for serious misconduct without “ever being confronted with or given the opportunity to answer the allegation that he had sexually assaulted Ms Higgins in Senator Reynolds’ office”. 649 Notwithstanding the lack of proof an assault had occurred and the then incomplete info as to the specifics of the allegation, it is alleged that it was “inexcusable” that within the present trigger letter, no reference was made to Ms Higgins, the fact that she had been discovered bare and handed out, or to the allegation that Mr Lehrmann had sexually assaulted Ms Higgins. Further, what the submission ignores or fails to appreciate, is that a present cause letter is a selected kind of authorized mechanism directed to providing procedural fairness. It accords with prudence and is wholly unsurprising that the show cause letter would solely give attention to goal facts easily capable of be established at the time the letter is distributed and would avoid reference to contestable issues. As these experienced in employment regulation would perceive, it is vital that if such a show cause letter is to be sent, that it specifies allegations which might be cogent, objectively verifiable and are considered by an employer as capable of be confirmed if any action is later taken to challenge any disciplinary decision opposed to the interests of an worker.