10 | The Dock | Spirit-based drink | Mr Lehrmann | 11:10pm | Ex R42 / Ex 17A (at 23:10:21) |
11 | The Dock | Spirit-based drink | "Dark jacket guy" (Mr Lehrmann gestures Ms Higgins to finish drink) | 11:50pm | Ex R42 / Ex 17A (at 23:50:55) |
Mr Lehrmann, Ms Higgins, Ms Gain and Mr Wenke leave The Dock for 88mph | 11:51pm | Ex R42 / Ex 17A (at 23:51:35) | |||
12–14 | 88mph | Between one to three 30ml shots or nips (as I will explain below, my finding is that Ms Higgins had at least two, but possibly more, spirit-based drinks at 88mph) | Unknown | 12:00am–1:30am |
T295.33–4 (Mr Lehrmann); T619.17–20 (Ms Higgins); Wenke (at [13]); Gain (at [41], [47]) |
396 A review of the CCTV footage does not always show empty glasses. It is difficult to be certain as to whether Ms Higgins drained the dregs, but I am satisfied it is more likely than
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
99