709 As is clear from Ms Brown’s records, following advice received from M&PS and telling Ms Higgins it was necessary to report the matter to the PMO because of the safety breach at their initial assembly on 26 March, the following day, Ms Brown briefed Mr Wong, who labored in the PMO about the after-hours entry. It is notable that just a few months later Commissioner Andrew Colvin (Ex R94) complained concerning the AFP not being knowledgeable about the incident and asserted that “there are important discrepancies between the response to this incident and the existing agreements that our agencies share” and the “unacceptable” length of time it took DPS to share the Parliamentary Security Service incident report with the AFP. If there’s a dispute about whether or not harassment occurred or whether it was welcome in a case by which it is appropriate to contemplate whether or not the conduct would be welcome determinations needs to be made based on the totality of the circumstances. One solely has to recall her phone dialog with Ms Maiden when she “was actually relieved” because given Mr Lehrmann’s account, there could be no want “to have this very nuanced debate about consent and alcohol and all this sort of stuff” (T703.22-27), and in the first interview with the Project workforce, when she said she thought a discovering of sexual assault had occurred may be able to obtained on the civil standard, however to not the criminal standard (T1015.19-24).
Despite being married with youngsters, she visits him commonly to have sex with him; after every session, she tells him a narrative. 662 It was additionally on 1 April that Ms Higgins first went to the AFP after the meeting between Ms Higgins, the Minister and Ms Brown as recorded in Annexure B. But despite this, the AFP must have turn into conscious of the incident, other than by Ms Brown, previous to the assembly on 1 April. But Sergeant Rose did have – just needed to ensure. And I know the sufferer liaison officer with ACT police was as a result of name her, so I did ask her as well that some time following when she did make contact, could she ensure that Ms Higgins did make that call for herself. I need to know what she stated or what she did which you said amounted to an obstruction so you had to decide on between your career and making a complaint to the police?
That is what I would like you to give attention to: what she stated – – -? What I need you to do is to concentrate on the date whenever you raised the allegation of rape – and you have given proof about that – – -? I just wish to – I’ve heard what you mentioned about your emotions and what you inferred, but I simply want to understand what really did she say to you or what really did she do which you mentioned put up a roadblock or obstructed you? 673 Ms Higgins gave evidence that she did not think it was true that she informed the officers that she did not need at that time to progress with a “formal complaint” (T789.5). I simply assume there was numerous competing things occurring. Nevertheless it was a really transient case, and the entry I learn from him saying that he called her and ensured that there was no stress placed upon her by anybody to make the decision to not proceed with an investigation at that point. Ex R77 (at 4); T1405.36), she underplayed the fact that that they had been mutually intimate and that they passionately kissed at 88mph. She was additionally untruthful about saying she went to Phillip Medical Centre and had a check (Ex R77 (at 6); T780.17).
We also reject the industry’s argument that Sony provides no protection to a cost of contributory infringement when, within the phrases of the trade’s transient, there is something “more than a mere showing that a product could also be used for infringing purposes.” Although the very fact was downplayed in the majority opinion, it was obvious that the Betamax was getting used for infringing in addition to noninfringing purposes–even the majority acknowledged that 25 percent of Betamax customers were fast forwarding by means of commercials, id. And, since he was still displaying interest, and I was “of age” now (I was 19), I determined to present him an opportunity. 676 After her contact with the AFP, it is going to be recalled that on 3 April, Ms Higgins was content material for Mr Dillaway to “reach out to the PMO” (Ex R99 (at 814)) about expediting some counselling and about her desire to work near home throughout the election (a matter to which I will return) and, after that occurred, Ms Higgins knew the matter can be discussed with Dr Kunkel. 682 As I stated in the course of the listening to, I used to be conscious not to intrude upon what was mentioned through the course of the counselling, except to the extent it was strictly relevant (T1332.30-32); understandably, there was no detailed exploration of the content of periods, and in the absence of contemporaneous data, I do not consider it secure to make findings as to what was mentioned throughout this counselling interval based mostly solely upon snippets of material, subject to what follows.