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Minister on the Question Time folders (T387.30–33). He said that the only information that he could recall was about "the French submarine contract" (T387.36) but he was unable to specify who had provided him with information about the contract (T387.39; T388.1). I have already rejected his evidence that he was having detailed discussions about politically sensitive matters at The Dock with, among others, aides-de-camp (T388.32; T389.35).

468 Thirdly, and although less significant, Mr Lehrmann did not mention being so conscientious that he decided to work on Question Time folders early on a Saturday morning when asked what he was doing by Ms Brown or when he was later asked to show cause why he should not be terminated for serious misconduct by the Minister. Mr Lehrmann did not explain why he had not raised his supposed diligence other than he thought Ms Brown would be more concerned about someone coming back to the office doing work. Although I appreciate that Ms Brown would have escalated the security breach in the event Mr Lehrmann had accessed sensitive work information, if Mr Lehrmann had, in truth, been working manually in recording important information, one assumes there would have been ways of painting this information more favourably than coming back to the office for no reason other than to luxuriate while imbibing strong liquor.

469 Fourthly, it is not lost on me that doing manual marking up on paper with a pen, moving documents around or sticking tabs on paper is perhaps the only work that would not require Mr Lehrmann to log into a computer and leave some form of retrievable electronic record. I do not believe I am being unduly cynical to remark that this strikes me as being convenient.

470 Fifthly, it may be a minor point in the scheme of things, but if we are to assume that Mr Lehrmann had shared an Uber with Ms Higgins and understood she was attending to some unexplained work task early on Saturday morning, why would Mr Lehrmann just bolt from the office after attending to his tasks without attempting to extend the courtesy of checking whether she was there or saying he was going? One would expect a man with any manners faced with the possibility he was leaving a young woman late at night and unaccompanied, who he knew had been drinking, would check whether she had gone and, if not, how she was getting home safely; but it suffices for present purposes to say that Mr Lehrmann's account, as to this aspect alone, is intuitively odd.

471 Sixthly, and importantly, there is the contradiction between this account and what he first told Ms Brown before there was any allegation of sexual assault. As noted at [276] above, he first


Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369
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