‘Media frenzy’ directed at Brittany Higgins risked life, judge in Bruce Lehrmann trial said

A judge has denied an application to lift the lid on a suppression order made in the trial against former Liberal staffer Bruce Lehrmann.

A suppression order over an application made by Bruce Lehrmann was upheld over fears a media frenzy directed at Brittany Higgins carried a “risk to her life”, it can now be revealed.

On Monday, the ACT Supreme Court published chief Justice Lucy McCallum’s reasons for maintaining a gag order over aspects of the case.

One of those suppression orders related to an application made by Mr Lehrmann’s lawyers on November 22, after the trial was aborted due to juror misconduct, but before the Director of Public Prosecutions Shane Drumgold announced he would not proceed with a retrial.

The nature of Mr Lehrmann’s application still cannot be published.

When his then-counsel, Arthur Moses, made the application, Ms McCallum heard it in secret to avoid “further reporting that might jeopardise a fair trial” for Mr Lehrmann.

Lawyers for Mr Lehrmann made the application prior to his charges being dropped. Picture: NCA NewsWire/ Flavio Brancaleone

Media outlets, and Mr Lehrmann had challenged the suppression order at the conclusion of criminal proceedings.

In her judgment, made the same day the chief prosecutor dropped the charge against Mr Lehrmann, Ms McCallum said there was a “cogent reason” to maintain the order to protect the safety of Ms Higgins.

“I have no doubt that any further exacerbation of the level of media attention directed to her carries a risk to her life,” she said.

“I do not think that indicates that one can compartmentalise the areas in which she is vulnerable and the areas in which she is not.

“I am simply not prepared to contribute to the media frenzy that has been this case.”

She raised concern that media access to the material within Mr Lehrmann’s application would give way to a “new slant” that would harm Ms Higgins further.

Ms McCallum feared the application would result in further harm to Ms Higgins. Picture: NCA NewsWire / Gary Ramage

“Based on my assessment of the application and the affidavit, it is my firm view that publication of that material would give the media a new story or a new slant that would inevitably result in further harm to the complainant, and that is not a step I am prepared to take,” Ms McCallum ruled.

The chief justice’s reasoning had not been made public until Monday afternoon. A redacted version was published following an application to vary the orders slightly.

Mr Lehrmann pleaded not guilty to one charge of sexually assaulting former colleague Brittany Higgins at Parliament House in 2019.

His first trial was aborted due to jury misconduct and a retrial did not proceed due to concerns over Ms Higgins’ mental health. The DPP dropped the charge in its entirety.

Mr Lehrmann has vehemently denied the allegations and there have been no findings against him.

Originally published as ‘Media frenzy’ directed at Brittany Higgins risked life, judge in Bruce Lehrmann trial said