Bruce Lehrmann’s lawyers refer Brittany Higgins to police for emotional speech
Bruce Lehrmann’s lawyers have referred Brittany Higgins to authorities to determine whether she could be charged criminally after she gave an emotional speech minutes after a juror caused a mistrial in the high-profile rape case.
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Bruce Lehrmann’s legal team has referred Brittany Higgins – the woman he allegedly raped in Parliament House – to police to determine whether she could be charged with contempt of court after she gave an emotional speech outside court.
The development comes as the jury in Lehrmann’s trial were dismissed, and the trial aborted, because of a juror’s misconduct.
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.
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.
After 12 days of evidence and five days of deliberation it was revealed a juror had accessed an academic paper about false sexual assault complaints and brought it into the jury room.
Chief Justice Lucy McCallum said the misconduct would have amounted to a criminal offence had it happened in NSW, and was forced to discharge the jury.
Lehrmann, a short time later, 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.”
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.
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.”
The jury heard 12 days of evidence and deliberated for five days until Chief Justice Lucy McCallum reconvened the court 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 opened 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.
But, the court heard, the sheriff noticed an academic journal paper relating to sexual assault.
The subject of the paper, Justice McCallum said, was about the prevalence and reasons of false sexual assault complaints.
Justice McCallum said she had no option but to discharge the juror, and the jury.
“This is not due to the inability on their part to reach a unanimous verdict,” she said.
“At the time they were discharged they were still deliberating ... instead the jury has been discharged because I have been given cogent evidence that at least one juror has been given access to research material.”
One juror swore under their breath and put a hand to their head as the judge announced they could not continue.
She thanked them and discharged them.
Ms Higgins had appeared in court before standing up and leaving, she bowed to Justice McCallum with tears in her eyes.
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.
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