712 Ms Patterson was not confined to asking non leading questions. She was endeavouring to obtain information from EF, then aged 20, as to what had happened when EF was aged 12-14 and under the direction of GH. Ms Patterson asked leading questions, made suggestions and advised EF as to how she should answer questions. There were instances where EF rejected Ms Patterson's suggestions and did not answer questions in the terms suggested. EF exercised a degree of independence. The substance of GH's complaint was that Ms Patterson pushed matters too far and was over anxious to obtain answers that indicated conduct on the part of GH that was sexually wayward or questionable.
713 GH complained that the defendants had joined together in the program parts of various statements and answers made by EF during interviews by Ms Patterson. From the interviews it emerged that it was desired by Ms Patterson that EF should make substantive allegations. GH contended that the joining together of parts of EF's statements and answers created the misleading impression that EF had made comprehensive statements or allegations. GH also contended that in the "joining together" process omission of qualifications had occurred.
714 GH complained about the defendants joining together parts of various statements and answers of EF in the program at lines 139-149, namely that GH would always be fixing their costumes around their bottom, or even flick them into their bottom (the word sometimes at the end being omitted), that GH would also rub Vaseline near her breasts and that GH would pull down her costume and rub Vaseline there under their swimmers, then place their swimmers back the way they were.
715 Although EF was prompted, and apart from two omissions, this was substantially what she said during the course of her second interview with Ms Patterson. The deletion of the explanation for the application of Vaseline, that is, to prevent or deal with chafe marks and cuts is of arguable importance. The ordinary reasonable listener/viewer may well have appreciated the reason for the application of Vaseline.
716 The concluding passage at lines 152-155 of the program "Yeah I used to feel uncomfortable" is taken from the second interview. EF remarked that it wasn't necessary for GH to rub the Vaseline under their swimmers and then replace the swimmers and that a lot of people spoke about it. Ms Patterson next enquired "And anything else, with touching you?" EF replied, "if you did well he'd always come and give you a kiss on the cheek whether it be at training or he'd try and put his arms around you." (In the program the words "if you did well" and "whether it be at training" were deleted).
717 Ms Patterson asked "Did he kiss you a lot?" EF replied "At swimming events yeah." Ms Patterson next asked what about in general and referred to EF's earlier remark to Georgie (another TCN9 operative) that GH had kissed her (EF) all the time. EF said "…'cause I lived there I suppose he took advantage of that kissing me goodnight and hello." Ms Patterson again asked EF if GH kissed her a lot. EF replied "Yes" and said he kissed her "at home when I was going to bed, or after swimming events or even sometimes at training."
718 The program included selected parts of this conversation at lines 183-197, namely that GH would always come and give you a kiss on the cheek, try and put his arms around you, that GH kissed her a lot at home when she was going to bed or after swimming events or even sometimes at training.. The program then adds the statement of EF that GH used to give her presents.
719 Counsel criticised Ms Patterson for twice asking: "Did he kiss you a lot?" and referring to EF's remark that GH kissed her all the time. Ms Patterson appears to be following up EF's earlier remark to Georgie that GH kissed her all the time.
720 If the whole passage, from lines 183 -197 is taken the program conveys that GH kissed EF a lot, but when she was going to bed or after swimming events and sometimes at training. The effect of the program was that the extent of the kissing was excessive and more than EF wanted.
721 The reference in the program, immediately after the passage dealing with kissing, to GH giving EF presents and having the bracelet made for her with her own name on it heightens the impression of impropriety.
722 It seems that in the interview Ms Patterson was of the view that GH's kissing of EF had been excessive. Ms Patterson asked EF, "How else did he touch you inappropriately?" EF replied, "Just around my neck or he'd massage me at home sometimes." Ms Patterson pursued the subject of massaging with a number of questions. Twice she asked whether when GH was massaging her he touched her anywhere that she didn't want to be touched. When EF gave a negative answer Ms Patterson moved to another subject. She stated, "Now, he'd (GH) walk around naked sometimes. Tell me about that." EF's reply put the matter differently, that is, "I saw him on a number of occasions naked." Ms Patterson pursued this matter with EF in reply negativing that GH walked down the hallway without any clothes on; he'd just leave his bedroom door open and be in his room. After a break for clarification EF said that she did not know whether GH was deliberately doing that. After some discussion Ms Patterson said "So if you can say when he used to get changed he used to leave his bedroom doors open when he knew I was around and so I would see him naked," EF said, "That's exactly it but you say it a lot better." Ms Patterson asked EF to tell her that. EF said, "… he would leave the bedroom door open, where he knew I could see him, when he'd come out of the shower." The program included the words "... he would leave the bedroom door open … when he'd come out of the shower." It did not include the words "where he knew I could see him."
It was a conclusion of EF, not an observation. Ms Patterson endeavoured to get EF to enlarge upon her seeing GH naked.
723 Having regard to EF's qualifications as to the circumstances in which she had seen GH naked it was wrong for the TCN operatives to have EF read out the statement, "Several times he walked naked about the house in my full view" (lines 590-591 of the program). They knew that that was incorrect.
724 GH complained that at lines 261-265 there was a combination of parts of answers from different parts of Ms Patterson's interview, namely, the hole in the bathroom door in lieu of the handle, EF shoving tissues in it when she had a shower, seeing him on a number of occasions naked and his leaving the bedroom door open. The combination of these extracts without their surrounding context creates an unfairly adverse impression of GH. That context included that when EF stuffed the hole with tissues they were still there when she finished in the bathroom and that she was unable to say whether GH deliberately failed to close the bedroom door when he came out of the shower and was dressing. One of EF's statements was to the effect that she sometimes forgot to stuff the hole with tissues prior to having her shower. She did not give evidence that on such occasions GH was prying. That is hardly likely when Mrs Hodge and Jodi Hodge were in the house.
725 During her interview with EF Ms Patterson said (p9) "Tell me how you had an alarm clock, but you didn't get to use it very often did you?" The detail in that question pre-supposes prior information from EF. EF replied, "No 'cause Greg, he was always waking me up. He'd be most nights he'd be in the room when I'd go to sleep and waking me up in the morning to go to training 'cause we left so early." The words "most nights …" to "in the morning" were in the program but the words "to go to training cause we left so early" were omitted. EF said "He'd just shake my legs, cause he had to climb up a ladder, cause I was sleeping in a loft, and he'd have to climb up that to wake me." These explanatory words were not included in the program. Ms Patterson then asked EF if she thought that was another excuse for GH to touch her. EF replied, "Yeah I think it was another excuse for him to get close to me." That question and reply were not included in the program.