What will happen to juror who sparked mistrial in Bruce Lehrmann rape case

The ACT Supreme Court has revealed there will be no consequences for the juror who caused a mistrial in the Bruce Lehrmann case.

A juror who caused a mistrial in Bruce Lehrmann’s high profile rape trial will not face repercussions for their misconduct, the court has said.

Chief Justice Lucy McCallum was forced on Thursday to abort the trial of Mr Lehrmann, who is accused of raping Brittany Higgins at Parliament House in 2019.

He has pleaded not guilty to sexual intercourse without her consent and being reckless to her consent.

On Thursday, Ms McCallum sensationally discharged all 12 jurors after a sheriff's officer found an academic paper as part of one of the juror’s belongings during a “routine tidying”.

Brittany Higgins walked out of the ACT Supreme Court in tears on Thursday after a mistrial was declared. Picture: NCA NewsWire / Gary Ramage

The subject of the paper, Ms McCallum said, was about the prevalence and reasons of false sexual assault complaints.

“I have heard an explanation, and it may be that no harm has been done, but that is not a risk I can take,” she told the court.

In the circumstances, Ms McCallum said, she had to discharge that juror and then the entire jury.

“This is not due to the inability on their part to reach a unanimous verdict,” she said.

One juror swore under their breath and put a hand to their head as the judge announced they could not continue.

Brittany Higgins arrived at court with her partner David Sharaz and her mum Kelly Higgins on Thursday. Picture: NCA NewsWire / Gary Ramage

Ms Higgins, who was in the courtroom with her partner David Sharaz for the ruling, left on the brink of tears while the chief justice read her reasoning.

But the juror in question will face no legal recourse for their actions.

“In New South Wales, this conduct would amount to an offence,” Ms McCallum said in her reasoning.

“There is no such offence in the Australian Capital Territory, but it is beyond question that the conduct of the juror is such as to abort the trial.

“Both counsel for the prosecution and for the accused agreed with my decision in that respect. It should go without saying that this outcome is both unexpected and unfortunate.”

Shortly after, an emotional Ms Higgins hit out at the criminal justice system in a statement delivered outside court, telling reporters it was “very clear who has been on trial”.

“I was required to tell the truth under oath for over a week in the witness stand, I was cross-examined at length,” she said.

“My life has been publicly scrutinised, open for the world to see.

She also thanked the “people of Australia who have rallied” behind her.

Bruce Lehrmann has pleaded not guilty to the sexual assault of Ms Higgins. Picture: NCA NewsWire / Gary Ramage

Her comments, which NCA Newswire has not published in full, were later referred to police by Mr Lehrmann’s defence barrister Steven Whybrow.

“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 or offences against the ACT Criminal Code,” he said.

Earlier, Mr Whybrow, had said he was “disappointed” by the outcome.

“But it would be inappropriate and irresponsible to say anything at this stage,” he added.

Mr Lehrmann himself did not address the media as he left the court.

The jury, which is made up of eight women and four men, had been deliberating since Wednesday afternoon last week.

A new trial is now expected to follow with Lehrmann ordered to front court in February 2023.

He cannot contact Ms Higgins or her family among other bail conditions.

Originally published as What will happen to juror who sparked mistrial in Bruce Lehrmann rape case