Sheriff uncovers juror’s act of defiance: piece of paper ends Lehrmann trial

The juror who derailed the trial of Bruce Lehrmann, the political staffer accused of raping Brittany Higgins, had two more documents than originally known, the ACT Supreme Court has revealed.

The trial of Bruce Lehrmann for the alleged rape of Brittany Higgins ended in anger, tears and accusations when the misconduct of a juror triggered a mistrial.

The ACT Supreme Court has since revealed that the juror who derailed the trial had two more documents than was originally known.

The judge, Chief Justice Lucy McCallum, warned the jury 17 times not to access outside information or media reports about the trial for fear it could colour their verdict.

It comes as Lehrmann’s legal team refer Ms Higgins to police to determine whether she could be charged with contempt after she gave an emotional speech outside court.

Lehrmann, 27, pleaded not guilty to sexual intercourse with Ms Higgins, without her consent and being reckless to her consent, in Parliament House in the early hours of 23 March 2019.

Bruce Lehrmann is the man accused of the sexual assault of former Liberal staffer Brittany Higgins. Picture: Gary Ramage

She gave tearful evidence, in the ACT Supreme Court, that she woke up drunk on an office couch to find Lehrmann raping her.

Lehrmann denied having sex with Ms Higgins.

Higgins gave a tearful address outside of the court on Thursday following the jury being discharged. Picture: Gary Ramage

After 12 days of evidence and five days of deliberation it was revealed on Thursday that a juror had accessed an academic paper about false sexual assault complaints and brought it into the jury room.

“At the very least, the fact that the paper was located and taken into the jury room by the juror indicates that it may have influenced that juror’s contribution to the jury’s deliberations,” Justice McCallum wrote in her judgment.

“The unfairness to both parties is manifest.”

Chief Justice Lucy McCallum said the misconduct would have amounted to a criminal offence, had it happened in NSW instead of the ACT, and was forced to discharge the jury.

ACT Chief Justice Lucy McCallum. Picture: Canberra Times

Justice McCallum’s written judgment, released on Thursday, contains a footnote that the juror who caused the mistrial had two more unlawful documents in their folder.

“Following the discharge of the jury, I was informed by the Sheriff’s officers that the same juror was also in possession of two additional academic articles on the topic of sexual assault,” Justice McCallum’s note read.

“A review of the article reveals that it could be deployed to support either side of the central issue in this case, which was whether an act of sexual intercourse was proved beyond reasonable doubt.”

Lehrmann, a short time after the jury were discharged, exited the court in Canberra stony faced and silent.

Lehrmann exiting the court on Thursday. Picture: Gary Ramage

His barrister, Steve Whybrow, told journalists he was disappointed with the outcome but he was unable to comment.

Ms Higgins then emerged from the court as cameras swarmed around her – she had tears in her eyes.

“I chose to speak up,” she said.

“To speak up and share my experiences with others. I told the truth. No matter how uncomfortable or unflattering to the court.”

Ms Higgins said in 2020 in the ACT only 16 per cent of sexual assault complaints lead to a criminal charge and eight per cent result in conviction.

“That is to our national shame,” she said.

“I want to thank the other women who came forward and shared their own experiences. I believe you.”

She thanked her supporters and loved ones before leaving.

An upset Brittany Higgins with her partner David Sharaz left the Magistrates Court in Canberra. Her mum Kelly Higgins was with her. Picture: Gary Ramage

A short time later, sources inside Lehrmann’s legal team confirmed they are seeking legal advice after Ms Higgins’ speech was broadcast on Thursday morning.

Lehrmann’s barrister, Mr Whybrow, released a statement to the media after lunch saying he had refused to comment after Justice McCallum warned against prejudicing a fair trial.

“Notwithstanding Her Honour’s admonition, the complainant proceeded to give what appears to have been a pre-prepared speech to the media outside the Court,” Mr Whybrow said in his statement.

“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.

“I urge all media to show restraint in reporting this matter and in particular in republishing the statements made by the complainant.

“Neither Mr Lehrmann nor his lawyers will be making any further comment on this matter at this stage.”

Defence lawyer Steve Whybrow had his arm around Lehrmann as support as they left. Picture: Gary Ramage

When the trial reconvened early on Thursday morning, Justice McCallum told the court there had been an allegation of misconduct directed toward one juror before closing the court and questioning that juror.

She then reopened the court and told the media that one of the ACT Supreme Court sheriffs had accidentally bumped a clear plastic folder of information from a chair on Wednesday afternoon.

The folder contained documents given to the jury through the trial, which were visible through the clear plastic document container.

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

Justice McCallum thanked the juror and discharged them.

Ms Higgins appeared in court, stood up and bowed to Justice McCallum with tears in her eyes before leaving.

A new trial is now expected to follow with Lehrmann ordered to front court on February 20, 2023.

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