Stunning developments in rape trial of Bruce Lehrmann
The jury in the rape trial of Bruce Lehrmann has been dismissed with no verdict after a juror accessed material that was not admitted in court.
Mr Lehrmann has pleaded not guilty of raping former Liberal staffer Brittany Higgins in Parliament House after a night out drinking in March 2019.
The trial ran for 12 days with 29 witnesses taking the stand before the jury was asked to deliberate on the evidence.
A few days after the trial ended, the jurors could not reach a verdict but were urged by the judge to go back and come to a conclusion.
Chief Justice Lucy McCallum then notified the court on October 27 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, ABC reported.
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.
"I don't want you to leave court thinking this has been a waste of time."
Mr Lehrmann was granted bail until the new trial which is scheduled for February 20, 2023.
Outside the court, an emotional Ms Higgins then delivered a tearful speech in which she said she “chose to speak up” to help others who were in a similar situation.
As a result, Mr Lehrmann’s lawyers are now seeking urgent legal advice from police over whether Brittany Higgins' speech outside the ACT Supreme Court could constitute contempt of court.
Mr Lehrmann’s defence barrister Steve Whybrow later confirmed In a statement that he had referred the matter to police.
“When we left Court this morning, I indicated to the gathered media that given this matter was ongoing and a date of 20 February 2023 had been fixed for any retrial, it would be both inappropriate and irresponsible to make any further comment at this stage,” the statement read.
“I understand the complainant and other members of her support team were all seated in Court this morning when the Chief Justice discharged the jury and made strong comments about people making statements or comments that could prejudice a fair trial.
“Notwithstanding Her Honour’s admonition, 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 comment as to whether the complainant’s statements might amount to a contempt of court offences against the ACT Criminal Code.
“I urge all media to show restraint in reporting this matter and in particular in republishing the statements made by the complainant.
“Neither Mr Lehrmann nor his lawyers will be making any further comment on this matter at this stage.”
Images: ABC