Brittany Higgins’ comments reported to police after trial thrown out
The comments Brittany Higgins made outside of court after the case was thrown out have been referred to the police by Bruce Lehmann’s lawyers.
Mr Lehmann has pleaded not guilty of raping former Liberal staffer Brittany Higgins in Parliament House after a night out drinking in March 2019.
On October 27, the case was thrown out of court after it was found that a juror accessed evidence that was not presented in court.
An emotional Ms Higgins spoke to the media for three minutes after Chief Justice Lucy McCallum’s decision
“I told the truth, no matter how uncomfortable or unflattering to the court,” she said.
"I was required to tell the truth under oath for over a week in the witness stand, I was cross-examined at length.”
This was enough for Mr Lehmann’s lawyers to report Ms Higgins’ comments to the police stating "the complainant proceeded to give what appears to have been a pre-prepared speech to the media outside the court".
"We have brought these comments to the attention of the Court and the Australian Federal Police, and it is not appropriate for Mr Lehrmann or his lawyers to make any comments as to whether the complainant's statements might amount to a contempt or offences against the ACT Criminal Code," a statement from lawyer Steven Whybrow read.
Chief Justice Lucy McCallum notified the court as soon as she found out that a juror had accessed evidence that was not presented in court.
All 12 jurors were called into the ACT Supreme Court and questioned after an academic paper that reported on how often false rape accusations were made was found.
"During routine tidying of the jury room by three sheriff's officers after the conclusion of proceedings yesterday, one of the officers accidentally bumped one of the juror's document holders onto the floor," she said.
She said she had no other choice but to dismiss the jurors despite warning them “at least 17 times” to only discuss the points said in court.
"You must not try to undertake your own research," she said she told them.
"You must rely exclusively on the evidence you hear in this courtroom.
"If you are learning something about this trial, and I'm not there, then you should not be doing it."
Despite dismissing the jurors, Justice McCallum thanked them and told them that their time was not wasted.
"This may come as a frustration to you after the hard work you all put in, and I want to convey my extreme gratitude," she said.
The juror who accessed the academic papers will not face repercussions for their misconduct.
A retrial will be held on February 20, 2023 with Mr Lehmann released on bail.
Images: Nine News