But no matter legal obligation, there are gradations of the seriousness of untruths: an untruthful individual could just be all mouth and trousers; or be recklessly indifferent to the truth or, by means of compulsion, finds it troublesome to discern between what is true and unfaithful; or lastly, and most culpably, could also be someone who tells calculated, deliberate lies. 163 Finally, was his assertion (which obtained intense consideration from Network Ten) that Ms Gain colluded with Ms Higgins to invent an account of what occurred. Mr Lehrmann’s counsel in written submissions accepted he gave “strident evidence” about Ms Gain however then explained that this was prompted by the truth that “Ms Gain had been contacted by Ms Higgins in a misleading and calculated manner forward of the Project broadcast in a way suggestive of an try and pollute Ms Gain’s evidence and ‘recruit’ her”. Where there are only two competing hypotheses that between them account for the universe of potentialities open on the proof, a courtroom’s satisfaction that one is more probably than the opposite will entail that the incidence of the very fact supported by the extra seemingly speculation is proved on the civil normal.
This study aims to make the most of the lateral cephalogram for sex dedication by assessing two bony landmarks, i.e., the supraorbital ridge and EOP in the South Indian inhabitants. But their trade about the intercourse tape is practically all taken from a special interview later that 12 months. In the long run, it’s truthful to conclude that Mr Lehrmann was less than candid in his account of the extent of the advantages he acquired previous to, and exchange for, his bargain to participate in giving exclusive interviews to the Seven Network. I’m giving each my buddy Vera and a Circus Girl rides dwelling from Land’s End, the northwest corner of San Francisco. Given his solid of thoughts, and his more basic resentment as to how he was treated over the Spotlight programme, it’s unsurprising he has an animus in the direction of the Seven Network, and this was manifest in his proof and in his manner of giving it. But given the opposite matters going to credit score in this case, it’s an inconsequential point.
In a current speech (“Seven Random Points About Judging”, National Judicial Orientation Program, 17 March 2024), Justice Beech-Jones made the same point to that made in my introductory remarks: that is, a decide needs to be reticent about accepting such submissions “except you actually need to”. 176 Three paperwork or categories of documents have been relied upon by Network Ten, particularly these the events agree have been either contained in the “AFP eBrief” served on Mr Lehrmann in the criminal proceeding (or make reference to such materials), being: (a) 2,312 pages of text messages between Ms Higgins and Mr Dillaway, of which only 17 pages have been tendered on the criminal trial (Dillaway Messages); (b) a “Master Chronology” (obviously prepared by Mr Lehrmann’s counsel for the purpose of the trial) which accommodates references to material and documents contained within the eBrief (that is outlined elsewhere in these causes as “MC”, being an annexure to the affidavit of Mr Auerbach sworn 2 April 2024); and (c) PDF recordsdata of messages passing between Ms Higgins and Mr Peter FitzSimons (Ms Wilkinson’s husband), which were not adduced into evidence (FitzSimons Messages). I can make basic observations as to his creditworthiness by reference to different aspects of his proof.
146 This section sets out my general assessment of the creditworthiness of the evidence given by a dozen (of a total of 33) witnesses who gave oral evidence. 145 How a lie will be used in assessing the reliability of the accounts given by Mr Lehrmann or Ms Higgins is straightforward. 161 As I will come to, Ms Lauren Gain’s account that she observed Mr Lehrmann and Ms Higgins “being quite touchy with one another” and her memory of both participating in a “passionate kiss” and of Ms Higgins “taking selfies of the 2 of them” (T1106.19) was compelling. The 2 primary mechanisms to counteract the undue affect of sexual assault myths are professional evidence and judicial instructions. Legal authorities in Australia, Canada, New Zealand, the United Kingdom and the United States of America settle for that sexual assault myths and misconceptions have a potential to exert an undue affect on triers of reality when deliberating a few sexual assault case. Moreover, his denial of this reality was unwary as it contradicted what he had mentioned on the Spotlight programme. 529 That morning, Mr Lehrmann purchased Ms Higgins an unsolicited cup of coffee, left it on her desk, said it was for her after which kept walking (T325.30-43); notably Mr Lehrmann didn’t seek to repeat the suggestion he “went out” for a espresso with Ms Higgins (as he had informed the Spotlight programme (T327.12-13)).