Brittany Higgins trial could be delayed as rape accused seeks new barrister

The Supreme Court trial of the man accused of raping former political staffer Brittany Higgins has hit a new hurdle.

 

The man accused of raping former political staffer Brittany Higgins in Parliament House may have his trial postponed after his barrister dropped out of the case.

Bruce Lehrmann’s Legal Aid lawyers told the ACT Supreme Court on Tuesday they were having difficulty finding new legal counsel to represent the former Liberal staffer.

The court heard his Sydney-based barrister John Korn was no longer able to act for him in the matter.

ACT Chief Justice Lucy McCallum noted Mr Korn was unavailable due to a reason that was “not the fault of the accused and is beyond the control of the accused”.

Police allege Mr Lehrmann raped Ms Higgins in the office of senator Linda Reynolds on March 23, 2019.

He has pleaded not guilty to one count of sexual intercourse without consent. His trial before a jury was due to run for six weeks from June 6.

Legal Aid solicitor Tamzin Lee told the court “realistically” it had been “incredibly difficult” to find counsel in time for the trial’s scheduled start date.

She also said Legal Aid needed additional time to be briefed on the matter after taking over Mr Lehrmann’s case.

Brittany Higgins, pictured with her partner David Sharaz at the National Press Club, went public with her alleged rape in 2021. Picture: Lisa Maree Williams / Getty Images

Prosecutor Shane Drumgold said it could be possible to hold the trial over four weeks and that “we accept that counsel is not available for reasons that are beyond anybody’s control”.

However, Justice McCallum said if the trial didn’t start shortly, there were no other four-week blocks available in the court this year.

“Inquiries have been made of every barrister in Australia and none of them is available to come into trial next Monday. Is that the position?” she asked Ms Lee.

“I do not have before me on affidavit a proper basis for vacating the trial.”

Former Liberal staffer Bruce Lehrmann is accused of raping Ms Higgins at Parliament House.

She gave Mr Lehrmann’s lawyers 48 hours to come up with more evidence for why they had found it so challenging to find a barrister.

“I appreciate that it might be a difficult proposition to obtain a barrister ready to start the trial next Monday, but what you’ve given me is a blanket ‘we can’t find anyone, no one’s available ever’,” she said.

“This matter has been listed for hearing for a very long time. It’s a sexual assault matter, they always take priority.”

Mr Lehrmann’s lawyers earlier this year unsuccessfully attempted to permanently halt or delay the trial due to the high level of publicity the case had received.

Justice McCallum in April dismissed their application, ruling Mr Lehrmann’s trial would go ahead as scheduled in June.

Justice McCallum on Tuesday said the trial could potentially be pushed back by two or three weeks.

“I’m not going to make any orders today on the strength of the evidence that has been put before the court. But the court could accommodate commencing on June 20. And possibly on June 27,” she said.

Justice McCallum asked the legal teams representing Mr Lehrmann and the crown to return to court on Thursday.

Originally published as Brittany Higgins trial could be delayed as rape accused seeks new barrister