Brittany Higgins rape case: Bruce Lehrmann to apply for trial to not proceed

The man who is defending allegations he raped Brittany Higgins will make an application to permanently stop the trial going ahead.

The man charged with raping Brittany Higgins in Parliament House will apply to permanently stop his six-week jury trial going ahead amid concerns over whether it can proceed fairly due to the high level of publicity and attention.

Bruce Lehrmann’s barrister David Campbell SC told ACT Chief Justice Lucy McCallum that his client would be seeking a permanent stay of proceedings.

Alternatively, if that was not successful, he said they would be applying for a temporary stay to postpone the trial that is set down for six weeks in June.

Mr Campbell also said they would be writing to media outlets, asking them to take down certain publications.

“We propose to write to the media today or at worst tomorrow and give them seven days,” he said in the ACT Supreme Court on Wednesday.

“In the event there is no consensual take-down there may be a need to make an application with respect to those existing publications.”

Mr Campbell said if a permanent stay was not granted they intended to make an application to prevent any further publication relating to the case before trial.

ACT Director of Public Prosecutions Shane Drumgold SC then asked for an interim order forbidding the publication of Ms Higgins’ name in relation to the foreshadowed stay application.

“The concern is frankly the headline will be stay application in Brittany Higgins matter,” he said.

“It doesn’t assist the take-down of previous reporting, but it stops the issue from growing bigger from today.”

But Mr Campbell submitted he did not believe the order was needed.

“At the point we are now the mere saying we are concerned about the nature and extent of pre-trial publicity in the matter and we are (going) to ask the court to do something about it can only aid the administration of justice not interfere with it,” he said.

Bruce Lehrmann has pleaded not guilty.

Chief Justice McCallum said she was not persuaded to prohibit publication regarding the applications.

“Indeed as submitted by (Mr Campbell) it may be that publication of the prospect of a stay application by an accused in a trial of this nature will reinforce the remarks I made last week, somewhat sternly, warning of the potential threat to the prosecution if the question of the guilt of the accused or the plausibility of the complainant is ventilated in the media,” she said.

“In refusing the Crown’s application I would not wish to be understood to give free licence to the press in this matter to say whatever may interest the public.”

She set down a hearing for April 1 to hear the applications and warned she may reconsider granting non-publication orders then.

It comes after Mr Lehrmann’s trial barrister John Korn last Wednesday told the court that he was concerned about a new campaign Ms Higgins had joined.

“I am concerned I read on Monday, and a journalist confirmed yesterday, there is going to be another campaign involving Ms Higgins going public in terms of talking about the topic and I would hope that could be prevented,” he said.

The ACT’s top judge has warned people to be careful with what is published or said ahead of the trial regarding Brittany Higgins’ allegations. Picture: Lisa Maree Williams/Getty Images

Chief Justice McCallum issued a serious warning last week in court.

“A man has been accused of a very serious offence, it is an offence that can only be tried with a jury,” she said.

“The laws about contempt are well known in this country.

“Statements made before a criminal trial that might interfere with the administration of justice and, in particular, the ability of an accused man to have a fair trial risk falling in the classification of contempt.”

Mr Lehrmann has pleaded not guilty to one count of sexual intercourse without consent.

Police allege he raped Ms Higgins in the office of senator Linda Reynolds on March 23, 2019.