But given the other matters going to credit in this case, it’s an inconsequential point. Hence, even if one was prepared to provide false proof, it was odd to dissemble as to these issues. On the one hand, many dad and mom decide to attend a number of years, till the primary little one is now not within the demanding infant stage. 169 Secondly, and related to my first level, the evidence of Mr Auerbach travelled beyond searching for to impeach the credit score of Mr Lehrmann. 174 After the first Spotlight programme, the broadcast of material apparently subject to the Hearne v Street obligation prompted a lot perturbation on the a part of the respondents. 175 As I defined on the trial, I am not some form of roving regulation enforcement official, and if any difficulty concerning an alleged breach of the Hearne v Street obligation is to be pursued in relation to anyone, it won’t be by me, and it won’t be by this Court.
But Ms Higgins does make the bespoke and valid level that it is the parties who determine and frame the issues (including points regarding credit) and the evidence adduced as to these issues. She is someone who has the intense, uncritical help of some but has additionally been the subject of widespread social media abuse. As to (b), although the MC does contain some material sourced from materials subject to the Hearne v Street obligation, it was a document ready by counsel and the proof is considerably opaque as to the way it came to be within the fingers of the Seven Network. I wouldn’t settle for anything he mentioned besides the place it amounted to an admission, accorded with the inherent probabilities, or was corroborated by a contemporaneous doc or a witness whose evidence I accept. His senior counsel, again no doubt performing on specific instructions, did the identical earlier than me on 9 June 2023. Consistently with the directions provided to his lawyers, Mr Lehrmann gave proof throughout the trial to the effect that he did not give paperwork to the Seven Network, he simply gave an interview (T523.32-7). As I will clarify after i talk about Ex 47, I’m happy that Ms Higgins did seek to immediate Ms Gain’s recollection in a calculated trend – however it does not comply with that Ms Gain was prepared to do something but recount her truthful recollection when she was known as upon to provide proof.
161 As I’ll come to, Ms Lauren Gain’s account that she noticed Mr Lehrmann and Ms Higgins “being quite touchy with one another” and her memory of both partaking in a “passionate kiss” and of Ms Higgins “taking selfies of the two of them” (T1106.19) was compelling. Mr Lehrmann’s counsel in written submissions accepted he gave “strident proof” about Ms Gain however then explained that this was prompted by the truth that “Ms Gain had been contacted by Ms Higgins in a deceptive and calculated manner forward of the Project broadcast in a manner suggestive of an attempt to pollute Ms Gain’s proof and ‘recruit’ her”. 156 Secondly, and relatedly, Mr Lehrmann initially gave evidence that he had not met Ms Higgins prior to attending the Kingston Hotel on 2 March 2019 and downplayed his consciousness of her (T175.9-11). He gave proof, according to contemporaneous paperwork and uncontradicted by any evidence in reply by Mr Lehrmann, that he grew to become Mr Lehrmann’s “babysitter” or “minder” because the Seven Network labored to safe an exclusive interview with Mr Lehrmann (T2776.15-20). 170 I can deal with Mr Auerbach’s evidence of profligate behaviour very briefly.
167 I deal with every topic under, but it is worth initially making two points. He explains that the piranha is a brilliant-aggressive prehistoric species often known as Pygocentrus nattereri, or the original Piranha, beforehand believed to have been extinct for over two million years, and theorizes that they will need to have survived via cannibalism. On four March, Richards’s companion Anita Pallenberg pled responsible to drug possession and incurred a positive in reference to the unique airport incident. However, in case you get it right, it can assist inspire better connection and pleasure for each parties. Believe that criminals ought to receive assist moderately than punishment. All these falsehoods, together together with his Walter Mitty-like imaginings in skiting to Ms Gain in regards to the Australian Secret Intelligence Service (ASIS), exhibit that Mr Lehrmann had no compunction about departing from the reality if he thought it expedient. This proof was not solely false (as I will later clarify) but was in tension with representations to the Australian Federal Police (AFP) (Ex 31) that he could not recall any intimacy but accepted that he and Ms Higgins “had been shut” (T298.36; T299.29-43).