Bruce Lehrmann retrial confirmed for 2023, says ACT Director of Public Prosecutions Shane Drumgold

The second trial of Bruce Lehrmann has been confirmed for 2023, after academic papers were found in the jury room, triggering a mistrial.

The ACT Director of Public Prosecutions Shane Drumgold has confirmed he intends to prosecute Bruce Lehrmann for the alleged rape of Brittany Higgins in a second trial early in the new year.

The first trial was aborted last week over an allegation of juror misconduct after three academic papers were brought into the jury room.

Despite the Chief Justice Lucy McCallum issuing 17 separate warnings not to conduct research, a forbidden document was discovered by court sheriffs in the jury room. After the jury was discharged two further documents were uncovered.

Bruce Lehrmann has been accused of the sexual assault of former Liberal staffer Brittany Higgins. Picture: NCA NewsWire/ Gary Ramage.

DPP confirms second trial

While the Chief Justice had already set down a provisional court date for next year, the DPP had not formally confirmed the second trial would go ahead.

“I can confirm we have decided the retrial of DPP v Lehrmann will commence 20 February 2023,” Mr Drumgold said in a statement to news.com.au.

Mr Lehrmann was charged last year with one count of sexual intercourse without consent over the alleged incident in Parliament House in 2019.

He has pleaded not guilty and his lawyers told the court that no sexual activity occurred.

ACT Director of Public Prosecutions Shane Drumgold confirmed that he intends to prosecute Bruce Lehrmann for the alleged rape of Brittany Higgins in a second trial.

Legal hurdles remain

Several legal hurdles could still emerge however to a second trial.

Mr Lehrmann’s lawyers could launch a third application for a permanent stay in the case.

His legal team failed over the first stay application over the initial media coverage with the Chief Justice rejecting the legal move.

“I am not persuaded that the material which the evidence establishes remains on the internet is of a kind that cannot be addressed by appropriate direction to the jury,” Chief Justice McCallum wrote in her judgment in April.

However, a second application over Channel 10’s Lisa Wilkinson’s Logies speech was successful and resulted in a delay in the trial of several months.

Brittany Higgins could decline to give evidence

Secondly, Brittany Higgins could choose not to give evidence in a second trial.

It’s understood her evidence was taped and could be played to a second jury rather than her giving evidence a second time.

However, it is open to Mr Lehrmann’s lawyers to insist she give evidence again in person.

In the first trial, Ms Higgins waived her right to anonymity and chose to give evidence in open court in front of a jury.

Ms Higgins delivered an emotional speech outside court after the first trial collapsed where she said she felt herself to be “on trial”.

That speech raised the ire of Mr Lehrmann’s barrister Steve Whybrow, who referred it to the Australian Federal Police and the ACT Supreme Court over concerns it could constitute contempt.

Ms Higgins gave an emotional speech outside the Magistrates Court in Canberra after the initial trial was aborted due to jury misconduct. Picture: NCA NewsWire/ Gary Ramage.

“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 offences against the ACT Criminal Code,” Mr Whybrow said.

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

However to date there has been no response from the AFP or the Court to Mr Whybrow’s invitation to consider the matter beyond a “no comment” from police.

The Chief Justice issued a statement noting that she did not plan to offer commentary on the matter.

“We have received a number of inquiries about a complaint of contempt. The Court does not engage in public discourse about remarks made by any participant in legal proceedings,” a spokesman said.

Earlier however the Chief Justice issued a public warning to the media over ongoing coverage of the trial.

“I want to give a very important reminder to members of the press who are present. There is no prohibition on reporting the outcome of the trial,” she said.

“However, it is now about four months before the resumption of the trial or the beginning of the new trial if there is to be one.

Brittany Higgins photographed leaving the Magistrates Court in Canberra. Picture: NCA NewsWire/ Gary Ramage

“As I have said in court many times and in a number of published judgments, the accused is just that; he is a person who stands accused and not yet or maybe never convicted of a criminal offence, a serious criminal offence.

“The fairness of his trial will undoubtedly be impaired or at risk if people continue to report about this case with the frequency that has occurred during this trial or at all. I would expect that after reporting the outcome of today that reporting of the matter should fall silent so that the accused can have a fair trial and so that Ms Higgins can have some respite from the intense glare of the media that has been pervasive throughout this trial.

“I also remind all members of the media that any reporting that prejudices the accused‘s right to a fair trial may amount to contempt of court.”

News.com.au has contacted Mr Lehrmann’s lawyer Steve Whybrow for comment.