Page:Lehrmann v Network Ten Pty Limited (Trial Judgment).pdf/70

reference to the Particulars of Liability (PL) and Attachment 2, "Event Complained About" (A2) as follows:

(1) that on 26 May 2019: (a) Ms Higgins told Ms Brown that Mr Lehrmann had "sexually assaulted" her (PL cl 3.4; A2 cl 4.4); and (b) Ms Brown confirmed to Ms Higgins that CCTV footage demonstrated that Ms Higgins was "visibly drunk when coming through the entrance to the Ministerial wing of Parliament House and that Mr Lehrmann had said that he had not been drinking that evening" (PL cl 3.5);

(2) that during the week following the sexual assault, Mr Yaron Finklestein, Principal Secretary to the Prime Minister, was a "regular presence" in Senator Reynolds' office advising Ms Brown on "how to deal with [Ms Higgins] in light of the sexual assault by Mr Lehrmann" (PL cl 3.9);

(3) that Ms Brown "rebuffed [Ms Higgins'] request" to view the CCTV footage from 22/23 March 2019 (PL cl 3.12; A2 4.12);

(4) that on 27 March 2019, members of the AFP Parliament House unit informed Ms Higgins that "they had been told to investigate a sexual assault" (PL cl 3.13);

(5) at or around 11 April 2019, Ms Higgins raised with Ms Brown the issue of sick leave for her mental health and also needing time off work to assist the AFP in its investigation but "Ms Brown demonstrated an unwillingness to discuss the issue and made it clear to [Ms Higgins] that it was her problem to deal with" (PL cl 3.22; A2 cl 4.22);

(6) that "Ms Brown informed Ms Higgins that she had two options. She could return home to the Gold Coast on paid leave for the duration of the election campaign, but this would negatively impact her prospects of having a job to reapply for after the election. Alternatively, [Ms Higgins] could "stay onboard" Senator Reynolds' team and work on the election campaign in Western Australia" (PL cl 3.23);

(7) that "Ms Brown made it clear by her words and demeanour that the events of 22/23 March 2019 must be put to one side; that [Ms Higgins] ought remain silent about the sexual assault, in order to keep her job/career" (PL cl 3.24; A2 cl 4.24);

(8) that it was in the context of electing to go to Western Australia to assist with Senator Reynolds' election campaign that Ms Higgins "felt she had no choice but to abandon pursuit of the complaint of sexual assault with the AFP" (PL cl 3.25);

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