I initially thought that in its written submissions, Network Ten was backsliding and flirting with a contention it could be procedurally unfair to make findings as to the falsity of representations made by Ms Higgins within the Commonwealth Deed, however I was disabused of my misapprehension in supplementary submissions and Network Ten additional acknowledged that any false representations made in the Commonwealth Deed could possibly be relevant to the credit of Ms Higgins. 220 One would have thought this was an apparent and proper concession given the character of the occasion upon which the representations have been made, but it is now essential to deal also with separate submissions made by Ms Higgins. HIS HONOUR: And also seek whatever confidentiality orders that it may be thought applicable to hunt, even if it was tendered. HIS HONOUR: Well, one of the – effectively, I think I could have to listen to argument about that as a result of one of many things I did – and you could recall this – I did offer, I believe on more than one occasion, the applicant to hunt third party discovery, and I was advised that, however I was open – and that would have meant that this document would have been found by the third social gathering, and secondly, also what would have been found is issues relating in part 2 of that record when certain issues have been deleted.
I imply, the witness has given proof about what the settlement was and what it involved, including an admission of legal responsibility by the Commonwealth, and there may or may not be permissible questions based mostly on it, however it is a much lower customary, being obvious relevance. I could also be informed that it does so in the particular case of Christian Science which appeals to precise cures. 185 Those studying political science in the late twentieth century have been inevitably introduced to the work of Hannah Arendt who discussed the significance of public truth whereas coining and explaining the notion of “organised lying”. Murakami’s story is about a guy who can’t, for some undisclosed motive, leave his home. Ms Higgins advised Agent Cleaves and Agent Thelning that she had been out drinking with colleagues, she ended up again at Parliament House and that “Mr Lehrmann was on top of her, participating in non-consensual sex” (T1387.24-45).
551 As will be seen from the above, I’ve: (a) directed myself as to the principled strategy to fact-finding; (b) identified why, on the idea of my credibility assessments and different dependable contemporaneous proof: (i) I reject the entirety of Mr Lehrmann’s account as to what occurred within the Ministerial Suite; and (ii) have identified elements of the account of Ms Higgins that are inaccurately based or exhibit an apparent inconsistency; (c) made findings as to: (i) the situation of Ms Higgins; and (ii) the previous proximate interactions between Mr Lehrmann and Ms Higgins and their states of thoughts when they arrived at Parliament House; (d) recognized incontrovertible details and drawn some conclusions from the existence of those facts; and (e) thought-about any alleged counterintuitive behaviour and relevant submit-incident representations in evidence. Mr Zwier, have you bought a document to provide? As to (b), though the MC does include some material sourced from supplies topic to the Hearne v Street obligation, it was a document ready by counsel and the proof is somewhat opaque as to the way it got here to be in the hands of the Seven Network. 174 After the first Spotlight programme, the broadcast of material apparently subject to the Hearne v Street obligation precipitated much perturbation on the part of the respondents.
198 Ninthly, Mr Lehrmann submitted that Ms Higgins’ draft manuscript (Ex 49), “was full of inaccuracies and inconsistencies along with her evidence” and her unsatisfactory excuse that “the book is crap” (T743.44), notwithstanding she was below a contractual obligation to tell the truth in the manuscript (T735.29-34). I suggest to concentrate on representations made on more solemn events than those showing in a draft of what, by its very nature, is a self-serving account. In some circumstances police treated those with no speedy household extra severely. Official media additionally more aggressively publicized worker protests apart from strikes, involving precise or feared job loss, wage or profit arrears, dissatisfaction with new contracts provided in enterprise restructuring, failure to honor contract phrases, or discontent over substandard circumstances of employment. My role is more restricted: it’s to ascertain whether Mr Lehrmann made (or precipitated to be made) false representations as to this topic.