Bruce Lehrmann sexual assault charge dropped, DPP confirms

Brittany Higgins is receiving mental health treatment, with the case against Bruce Lehrmann dropped because a retrial posed “an unacceptable risk” to her life.

Brittany Higgins is undergoing mental health treatment in a Queensland-based hospital after the “unrelenting” pressure of the past few years.

The former Liberal staffer granted permission for her friend and supporter Emma Webster to release the following statement.

“Brittany is in hospital getting the treatment and support she needs,’’ Ms Webster said.

“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.”

She was previously hospitalised in June, 2021, to receive care and mental health treatment.

Ms Higgins went public with an allegation she was sexually assaulted at Parliament House in February, 2021.

News of her treatment comes as the Director of Public Prosecutions announced the case against her former colleague Bruce Lehrmann had been abandoned.

Director of Public Prosecutions, Shane Drumgold confirmed the case against Mr Lehrmann had been dropped. Picture: Martin Ollman

Mr Lerhmann, who pleaded not guilty, was scheduled to front a retrial in the ACT Supreme Court in February next year before the Director of Public Prosecution Shane Drumgold SC abandoned it on Friday.

The Crown prosecutor used his prosecutorial discretion to drop the charge against Mr Lehrmann, telling reporters in Canberra while he believed a conviction was still possible, experts had warned a retrial of the case would pose an unacceptable risk to the life of Brittany Higgins.

“Whilst the pursuit of justice is essential for both my office and for the community in general, the safety of a complainant in a sexual assault matter must be paramount,” he said.

“In light of the compelling independent medical opinion and balancing all factors, I have made the difficult decision that it is no longer in the public interest to pursue a prosecution at the risk of the complainant’s life.

“This has left me no option but to file a notice declining to proceed with the retrial of this matter which I have done this morning.”

Bruce Lehrmann will not face a retrial in February. Picture: Gary Ramage

Mr Lehrmann was charged with a single charge of sexual intercourse without consent and being reckless to consent.

It was alleged the offence took place inside Linda Reynolds’ ministerial office at Parliament House after a night out drinking with work colleagues in March 2019.

Mr Lehrmann pleaded not guilty and strenuously denied ever having sex with Ms Higgins.

Brittany Higgins after the first trial was aborted. Picture: Gary Ramage

His first trial was declared a mistrial after an allegation of jury misconduct, following the discovery of an academic paper on the topic of sexual assault in the jury room.

In written reasons published later, Ms McCallum revealed two additional documents had been found. They were brought in by the same juror.

Last month, Mr Drumgold wrote to the ACT government asking for the law that stopped alleged victims of sexual assault who testify in person in the courtroom having their evidence reused in any retrial changed.

Mr Drumgold wrote to the ACT government last month about changes to the Evidence Act. Picture: Martin Ollman

Under current law, only alleged victims who chose to testify from a remote room can have their recorded evidence reused.

“There appears to be a structural cost to a witness choosing to give evidence in a courtroom,” Mr Drumgold said at the time.

“There appears no rational reason to treat witnesses who give evidence in the courtroom differently.”

ACT attorney-general Shane Rattenbury introduced an amendment to parliament last week, but it was not listed to be debated until next year.

The reform would be potentially relevant in up to four matters before the ACT Courts.

Originally published as Bruce Lehrmann sexual assault charge dropped, DPP confirms