Sabra Lane @SabraLane
These are my own views. 🏊🏻♀️🥾🌿🇦🇺🇳🇴 abc.net.au/am Hobart, Tasmania Joined August 2009-
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Perth and WA -- we will have a fresh update for you in just over 10 minutes.
Judge Lee: This finding shld not be misconstrued or mischaracterised as a finding thacan exclude all reasonable hypotheses can. As I have explained there is a substantive difference between the criminal standard of proof and the civil standard of proof and as a tribunal of fact
Judge Lee: Mr Lehrmann raped Ms Higgins. I hasten to stress this is a finding on the balance of probabilities.
Lee: I've reached a state of actual persuasion on the balance of probabilities that Ms H was not fully aware of her surroundings when sexual intercourse commenced and did not consent to intercourse when she became aware Mr L was on top of her. The non-consent element is made out.
Lee: ... her evidence that she was not fully aware of her surroundings but then suddenly became aware of Mr Lehrmann on top of that which time he was performing the sexual act were given orally before me struck me forcibly as being credible and having a ring of truth.
Lee: I have explained, although I have found intercourse took place, I'm not reasonably satisfied as to an aspect of the account that Ms Higgins has to what occurred, that is she repeatedly express said to Mr Lehrmann he should stop.
Judge Lee: I have not reached the elf of satisfaction that during the sexual act Ms Higgins said no in a loop and I think it's more likely than not that she did not or was not able to articulate anything.
Lee; I'm also amply satisfied in accordance with the inherent probabilities that and any other physical conduct concluded quickly upon Mr Lehrmann ejaculating and the there after promptly left the minister's office and the ministerial suite.
Judge Lee: I'm convinced however that sexual intercourse did take place and took place with Mr Lehrmann on top of Ms Higgins on the couch in the minister's office.
Lee: ... and questioning the prudence of the behaviour. Moreover, these instances cannot be assessed in a vacuum, it's also to have regard to the fact of the other contemporaneous actions of Ms Higgins that are consistent with her being a victim of sexual assault.
Lee: I have little doubt that if she had been raped that by the time of these interactions it's quite conceivable that Ms Higgins would be driven by conflicting emotions, self-doubt, and would be humiliating by word leaking out to her colleagues and the question...
And my findings she was still very significantly affected two hours after she was left alone.
Lee: Ms Higgins was drunk ... she fell over and Mr Lehrmann helped her back to her feet.... she was seriously inebriated.
Lee: immediately after or shortly after Mr Lehrmann left, Ms Higgins, having been affected by alcohol, fell into a very deep sleep on the couch in the suite in a state of undress.
Lee: Mr Lehrmann + Ms Higgins were alone in the ministerial suite for 40 minutes. Secondly, during this time, Mr Lehrmann did not answer six telephone calls from his girlfriend between 216 and 218am, thirdly, at 233am he departed alone through the security gate and was collected
Judge Lee is going to the inconsistencies of evidence given by Ms Higgins.
Judge Lee: The first thing to be said about Ms Higgins's account is that it involves a grave allegation by a witness with general credibility problems and whose contentious evidence in accordance with the fact finding principles I have explained must be approached by great care.
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