Media alleged that Bruce Lehrmann assaulted other women: court

A court judgment has revealed that the media had previously alleged that Bruce Lehrmann assaulted other women, after a high-profile rape trial against him was dropped over grave fears for Brittany Higgins’ mental health.

Higgins remained in hospital on Friday after ACT Director of Public Prosecutions Shane Drumgold SC said he was left with no choice but to axe a retrial of Lehrmann because of an “unacceptable risk” to the life of Higgins, who he said had faced unrelenting attacks with “bravery, grace and dignity”.

The sexual assault case against former Liberal staffer Bruce Lehrmann has been dropped.Credit: Alex Ellinghausen

It can now be revealed that Lehrmann was accused of sexually harassing or assaulting other women in articles that have since been deleted, after a suppression order was lifted on Friday afternoon.

In a judgment by Chief Justice Lucy McCallum on April 29, 2022, in which she refused to halt the initial trial, the judge noted that in the weeks after Higgins went public with her claims in early 2021, “allegations were published to the effect that the man who had sexually assaulted the complainant was also accused of having sexually assaulted or harassed a number of other women”.

“The most damaging material, in my view, is the material disclosing that other women had come forward with similar complaints after hearing the complainant’s allegations.”

Lehrmann’s legal team had argued that these allegations, as well as other media attention, meant that Lehrmann was not able to receive a fair trial.

McCallum said the allegations were contained in articles that had since been removed from the internet and had been published before Lehrmann had been charged and named.

It can also now be revealed Higgins paused her evidence during the trial in October due to a mental health crisis.

Lehrmann has maintained his innocence and pleaded not guilty to raping Higgins in the office of their then-boss, Liberal minister Linda Reynolds, in Parliament House in the early hours of March 23, 2019, after a night out drinking with colleagues. On Friday the charge against him was dropped.

A spokesman for Lehrmann said the former staffer would be “seeking legal remedies concerning untrue content that has been published about him in the future” but he wouldn’t be making any further statements during this time.

Brittany Higgins remains in hospital after the case was discontinued due to fears for her mental health.Credit: Rhett Wyman

The spokesman added Lehrmann would take time off to be with family and friends to get away from this “traumatising episode”.

The first trial - which heard evidence from Reynolds and Liberal senator Michaelia Cash, who Higgins also worked for - was cut short on October 27 after 12 days of evidence and submissions in the ACT Supreme Court and five days of deliberations, because of juror misconduct.

McCallum had set down a retrial over a single charge of sexual intercourse without consent for early 2023.

Lehrmann had denied ever having sex with Higgins and in a police interview described himself behaving like a “gentleman” on the night of March 22, 2019, when they were part of a group drinking at The Dock bar in Kingston, and later 88mph nightclub, before the pair shared an Uber and Lehrmann said he needed to drop by parliament.

Director of Public Prosecutions Shane Drumgold announced the re-trial of Bruce Lehrmann will not go ahead.Credit: Rhett Wyman

The future of a highly anticipated book by Higgins is now in question due to the circumstances of the trial’s ending and her health, with supporters saying her life was on hold while she recovers.

Higgins’ friend Emma Webster released a statement after Drumgold’s announcement, which said: “Brittany is in hospital getting the treatment and support she needs.

“The last couple of years have been difficult and unrelenting. While it’s disappointing the trial has ended this way, Brittany’s health and safety must always come first.

“Brittany is extremely grateful for all the support she has received, particularly from our mental health care workers.”

Mr Drumgold said there had been a reasonable prospect of conviction when he proceeded with the first trial.

However, he said he had to weigh that against the prospect of harm caused by proceeding with the retrial.

“I’ve recently received really compelling evidence from medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk for the life of the complainant.

“The evidence makes it clear that this is not limited to the harm of giving evidence in a witness box [and] rather applies whether or not the complainant is required to enter a witness box during a retrial.”

He paid tribute to Higgins as he concluded his brief statement, saying that “during the investigation and trial as a sexual assault complainant, [Brittany] Higgins has faced a level of personal attack that I have not seen in over 20 years of doing this work. She has done so with bravery, grace and dignity and it is my hope that this will now stop and Ms Higgins will be allowed to heal.”

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