Requested if she had suspected Lehrmann and Higgins had had intercourse, Brown mentioned she thought it was potential. She agreed underneath cross-examination by Wilkinson’s barrister, Sue Chrysanthou, SC, that it had entered her thoughts that Higgins could have been sexually assaulted.
Brown instructed the courtroom she couldn’t rule it in and couldn’t rule it out.
She denied that Higgins instructed her throughout a gathering on March 26, after her assembly with Lehrmann, that she had woken up early on March 23 in Reynolds’ workplace and Lehrmann had been “on high of me”.
Brown mentioned Higgins had instructed her at a gathering two days later: “I keep in mind him being on high of me.” Nonetheless, Brown mentioned that Higgins had not mentioned it was one thing she didn’t need.
Brown is predicted to conclude her proof on Tuesday morning.
Knowledgeable lip-reader
Ten has flown the UK-based lip-reader Tim Reedy to Sydney to present proof as a part of its defence, and he will likely be cross-examined on Tuesday.
Federal Court docket Justice Michael Lee dominated this month that Ten might tender a report by which Reedy expresses an opinion on phrases spoken by Lehrmann and Higgins at The Dock on March 22, 2019. Reedy’s opinion is predicated on an evaluation of CCTV footage from The Dock.
The decide made clear that his ruling permitting the report back to be admitted in proof was not a sign of the load he would finally place on the opinions expressed in it.
Lehrmann not named
Lehrmann was not named in Ten’s interview and a preliminary concern within the case is whether or not he was recognized due to the main points offered within the broadcast, together with the truth that the alleged perpetrator had labored in Reynolds’ workplace.
Brittany Higgins leaves the Federal Court docket in Sydney on December 1.Credit score: James Brickwood
If the courtroom finds Lehrmann was recognized within the interview, Ten and Wilkinson are searching for to depend on defences of fact and certified privilege. Certified privilege is a defence referring to publications of public curiosity, which requires a media outlet to indicate it has acted fairly.
Sexual assault cost dropped
Lehrmann’s ACT Supreme Court docket trial for sexual assault was aborted final yr because of juror misconduct. The cost in opposition to Lehrmann was later dropped altogether owing to issues about Higgins’ psychological well being.