Bruce Lehrmann rape trial: What happens now after jury discharged
The jury in the trial of Bruce Lehrmann has sensationally been discharged after juror misconduct. Find out what happens now.
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The next steps in the trial of Bruce Lehrmann, accused of raping political staffer Brittany Higgins, have been revealed after the jury was sensationally discharged on Thursday.
The trial is set to return to the ACT Supreme Court almost four years after the alleged rape of Higgins was said to have occurred.
Lehrmann has pleaded not guilty to a charge of sexual intercourse without consent, and has denied having intercourse with Higgins on the night of March 23 in 2019.
Following the jury’s discharge, a number of burning questions lie ahead of the next trial.
We have answered the six burning questions that you need to know ahead of the rescheduled case.
Why was the jury discharged in the Lehrmann trial?
The jury was discharged by Chief Justice Lucy McCallum because one juror was deemed to have engaged in potential misconduct.
The court heard that a member of the jury had placed a downloaded research paper on sexual assault inside their evidence box and brought it into the jury room, which was not presented as evidence in the 12-day trial.
In the ACT Supreme Court, evidence is considered information given verbally in the witness box or elsewhere by witnesses on oath or affirmation, and can include documents, photographs, maps and video footage – which are known as ‘exhibits’.
When will the new Lehrmann trial run?
The new trial for the Lehrmann rape case is expected to run next year in February.
What will happen to the juror accused of misconduct?
In the ACT, it is understood that jurors accused of misconduct do not face any legal consequences.
Different rules apply in NSW, however, where the maximum penalty for jury misconduct is two years in jail or a $5500 fine, or potentially both.
Why can't we know who the juror is in the Lehrmann trial?
The identities of the jury are not to be publicly disclosed. It is an offence to reveal information that identifies or is likely to identify a person as a juror in a particular trial, according to sections 42C of the Jurors Act 1967.
The section states that information “will, or is likely to be, published” in relation to a juror must not be disclosed. The maximum penalty is $8000 for an individual or six months in prison, or both.
Will Higgins have to testify again?
Higgins may not need to appear as a witness again if the parties agree the second jury can watch a tape of her evidence instead.
Will the judge be the same in the Lehrmann trial?
Yes. Chief Justice Lucy McCallum will appear as the judge in the Lehrmann trial next year.
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Originally published as Bruce Lehrmann rape trial: What happens now after jury discharged
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