Jury continue to deliberate in trial of Bruce Lehrmann, accused of raping Brittany Higgins in Parliament House
The 12-person jury in the trial for the man accused of raping Brittany Higgins has been urged to “relax” and “stay calm” after sending a note to the judge.
The jury in the trial for the man accused of raping Brittany Higgins in Parliament House has finished another day of deliberations without reaching a verdict.
The group was dismissed at 4pm and will return to the ACT Supreme Court on Tuesday at 10am.
Earlier in the day, the jury was sent a note to the judge as they enter a fresh day of deliberations.
The 12 person jury have been locked in discussions since Wednesday afternoon, but so far have not come up with a verdict on whether Bruce Lehrmann is guilty or not guilty of one count of sexual intercourse without consent against Ms Higgins.
He has pleaded not guilty to the charge, which allegedly occurred in the early hours of March 23, 2019 in the office of Senator Linda Reynolds.
Court reconvened at 10am on Monday, with ACT Supreme Court Chief Justice Lucy McCallum reading the note out before the court.
“We have not yet reached an agreement of beyond reasonable doubt,” the note said.
Chief Justice McCallum said the jurors had asked the court for a “little extra time” to complete their deliberations.
In her response, the Judge told the jury that there was “no time expectation” placed upon them and they should “take all the time you need”.
Chief Justice McCallum noted that she had seen juries deliberate for considerably longer than this group had been.
“There is no rush, there is no time limit,” she said, adding the jurors should remain true to their oath to give a “true verdict according to the evidence”.
She asked the group to go back into the deliberation room and “relax, stay as calm as you can and take all the time you need”.
Before releasing the group on Friday afternoon, ACT Chief Justice Lucy McCallum warned them not to engage in conversation about the case.
“Just don’t discuss the case with anyone. Just shut the conversation down,” she said.
When giving her final directions on Wednesday, Chief Justice McCallum reminded the jury they must all be in agreement with whatever decision they arrive at.
“Your verdict, whether it be guilty or not guilty, must be unanimous,” she said.
“By whatever route you arrive at your decision, that final decision must be unanimous.”
She told the jury “no one can tell you how to decide this case”, saying how they perceive the evidence brought forward in the trial is up to them.
Chief Justice McCallum pointed out that it is the job of both the defence and prosecution “to persuade” and what they say about the evidence is “not in itself evidence”.
The onus is not on the accused to prove his innocence, instead it is for the prosecutor to establish his guilt beyond reasonable doubt, the court heard.
This does not mean the prosecution has to prove the truth of every statement made by every witness beyond reasonable doubt, the judge said.
“Nor does it mean you have to find in favour of the prosecutor on each and every fact,” she said.
Beyond reasonable doubt does not mean “beyond any doubt”, the jury was told.
The trial continues.