Closed-door application set for Bruce Lehrmann rape retrial

The trial of Bruce Lehrmann for the alleged rape of Brittany Higsins is set for February but a closed-door application will be heard early next month.

Bruce Lehrmann outside court in October, 2022. Picture: NCA NewsWire / Gary Ramage

The trial of Bruce Lehrmann will return to the ACT Supreme Court next month to hear a closed-door application months before the former Liberal staffer faces a retrial for the alleged rape of Brittany Higgins.

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

He denied ever having sex with Ms Higgins and faced trial in the ACT Supreme Court in October this year.

After 12 days of evidence and five days of deliberation, it was revealed a juror had accessed academic papers including one about false sexual assault complaints and brought it into the jury room.

The jury were discharged because of that juror‘s misconduct, triggering a retrial which remains set down for February 2023.

Chief Justice Lucy McCallum, on Wednesday, announced the matter would return to her court on December 2 for an “application” but ordered the purpose of the hearing cannot be reported.

Further, the hearing will take place behind closed doors without the media or the public able to watch.

Lehrmann and his barrister, Steve Whybrow, leave court in Canberra late in October. Picture: NCA NewsWire / Gary Ramage

The case was given massive media attention after the allegations against Lehrmann emerged in early 2021 and throughout the trial.

The juror‘s misconduct, which was unearthed by a court sheriff, would have been a criminal offence had it occurred in NSW but in Canberra there will be no consequences for the anonymised juror.

Brittany Higgins with her partner David Sharaz arrived at court for the trial with her mum Kelly Higgins. Picture: NCA NewsWire / Gary Ramage

The impact on both Lehrmann and Ms Higgins was clear in the moments after the trial came to an abrupt end.

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

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.”

Lehrmann‘s legal team reported Ms Higgins’ speech to authorities, feeling it may breach contempt laws, but she has not been charged with any crime.