MR ZWIER: Your Honour, can I simply make a couple of observations about it. The passage thus elegantly alluded to is as follows : « Our next observations shall be made upon that remarkably kind providence which brought the Doctor into Sir Thomas Abaey's household, and continued him there till his dying, a interval of no lower than thirty-six years. Article 112 The public security organs, folks's procuratorates and people's courts, when handling instances of sexual assault or violent harm to minors, shall take such measures as synchronous audio and video recording when interrogating minors' victims and witnesses, making an attempt to complete the procedures at one time; if the minor victim or witness is feminine, the procedures shall be executed by female employees. The report stated that the performing prosecutor had reviewed the city's "high quantity offenses" and "started recommending larger fines on these instances, and recommending probation only infrequently." While the report stated that this advice was due to a "giant quantity of non-compliance," the recommendation was in reality emphasized as one of a number of ways in which the code enforcement system had been honed to produce extra income. Indeed, as we will see, at the start of her first assembly with the Project workforce, this photograph is raised particularly by Mr Sharaz and Ms Higgins as being the one proof that elevated Ms Higgins' account from simply being one individual's phrase towards another.
286 Major Irvine was additionally an important and spectacular witness who usually gave responsive, cautious, and regarded evidence. That is in circumstances the place: (a) the proof establishes that Ms Higgins had been asked by Detective Senior Constable Sarah Harman of the AFP on 8 April 2019 to not delete images taken on the evening, including photos Ms Higgins had mentioned she had taken of her and Mr Lehrmann on 22 March 2019 (T1294.17-30; T1324.37-39); (b) it is evident from the CCTV video from The Dock (Ex R42 / Ex 17A) that Ms Higgins had taken photographs at the Dock (T2353.45); (c) Ms Gain gave evidence of Ms Higgins having taken "selfies" at 88mph at across the time Ms Higgins and Mr Lehrmann had been being intimate (T1106.19-21); and (d) the AFP did belatedly entry Ms Higgins' phone on 26 May 2021, roughly 8,000 images had been downloaded, however they didn't include any pictures taken by her on the fateful evening (T2354.2-4; Ex 67 (at T662.25-33)). I haven't, of course, seen any outline of anticipated proof served, but assume Network Ten wished to guide proof related to the termination of Mr Lehrmann and in regards to the falsity of what he said about his causes for going to Parliament House and what he did whereas he was there.
231 Following evaluate of the evidence and the receipt of submissions, it grew to become evident to me the potential significance of the representations made within the Commonwealth Deed by Ms Higgins, and Annexure E details the steps I've taken to guard towards any residual situation as to procedural fairness together with, within the circumstances set out above, allowing for Ms Higgins to make any submission she wished to make in regards to the submissions advanced by Mr Lehrmann. 267 Ms Wilkinson makes the submission it is open to the Court to type the view that Ms Brown shouldn't be being dishonest about her insight as to what she had realized about the incident, however "reasonably she fully lacks bizarre human perception into such issues" perhaps because she lacked training and what was peculiarly known as "basic human expertise". We additionally express no view on the argument offered by several amici that the ordinance is itself a type of discrimination on account of sex. This is decided by your hormones and secondary intercourse characteristics, like your genitals. So he's like something weird occurring but don't inform me.
The Commonwealth Deed is beneficial in going some manner in amassing, formalising, and providing some belated degree of coherent particularisation to what would possibly broadly be described as the coverup allegation. 237 To repeat, I do not consider it essential nor appropriate that I attempt to characterise or reach any authorized conclusion as to Ms Higgins' conduct in giving the warranties contained in the Commonwealth Deed. Commonwealth Deed, she signed, sealed, and delivered the document on that day in front of her current solicitor, Mr Zwier. In any event, there's no purpose why the document cannot be tendered, so a document - until there's any objection? Why is that?---They have been quite confronting phrases, as you may imagine. Despite initially urgent the applying to set aside the subpoena issued on the application of Mr Lehrmann, after I indicated I might make some lodging to fulfill the problems identified in medical evidence put before the Court on behalf of Ms Brown, the appliance was not pressed. It stumbled throughout the dot-com era (1998-2001) and notably in 2008, when the nice Recession hit, despite a win by the brand new York Giants (NFC).
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