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Judge’s message after jury deadlocked in trial of Bruce Lehrmann, accused of raping Brittany Higgins

The jury in the trial of Bruce Lehrmann has been sent home for the day after it told the judge it was deadlocked in deliberations.

Jury requests more time in Higgins case

The jury has informed the judge they have been unable to reach a decision in the trial for the man accused of raping Brittany Higgins in Parliament House.

The court reconvened just after 3pm today after the jury sent a new note to ACT Supreme Court Chief Justice Lucy McCallum.

“You have told me in a note you are unable to reach a unanimous verdict,” she told the jury.

Chief Justice McCallum said that experience has shown juries can “often reach a verdict if given more time”.

She directed the jury to go back out and continue their deliberations to see whether they can reach a unanimous agreement.

About 10 minutes after the jury were directed to continue their deliberations, the group informed the judge they wished to go home and return tomorrow morning.

“Members of the jury, I have been told you would like to go home now and return tomorrow with fresh minds,” Chief Justice McCallum said.

“I do want to thank you for your continuing hardwork and to remind you, as I have many times, if there is anything I can do to help you or support you…please let me know.”

She urged the jury members to do whatever they needed to have respite from the “arduous task” facing them, suggesting they “hit the gym” or “walk the dog”.

The jury will reconvene at 10am on Wednesday.

Judge’s message to jury

The court heard that the Judge has the power to discharge the jury from giving a verdict but should only do that if after examining one or more of the jurors she is satisfied that they are not likely to agree.

“That means there is no likelihood of genuine agreement after any further deliberations,” Chief Justice McCallum said.

The jury were told the only expectation of them is that they remain true to their oath and to consider the evidence fairly.

She also reminded the group they have a duty to listen carefully to the arguments of the other jury members.

“You are all equals in the jury room,” she said.

Chief Justice McCallum said members of the jury may take different paths that lead them to the same conclusion.

“I remind you of the direction I gave you in my summing up, your verdict, guilty or not guilty, must be a unanimous one,” she said.

The jury is in its fourth full day of deliberations for the man accused of raping Ms Higgins at Parliament House.

The group have, so far, 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.

The jury, which is made up of eight women and four men, have been deliberating since Wednesday afternoon.

At 10am yesterday the court reconvened after the jurors sent a note to ACT Supreme Court Chief Justice Lucy McCallum to inform her they needed more time.

“We have not yet reached an agreement of beyond reasonable doubt,” the note, which was read out before the court, said.

Brittany Higgins. Picture: NCA NewsWire / Gary Ramage
Brittany Higgins. Picture: NCA NewsWire / Gary Ramage

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”.

She 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”.

Bruce Lehrmann, the man accused of sexually assaulting Brittany Higgins. Picture: NCA NewsWire / Martin Ollman
Bruce Lehrmann, the man accused of sexually assaulting Brittany Higgins. Picture: NCA NewsWire / Martin Ollman

The group was asked to go back into the deliberation room and “relax, stay as calm as you can and take all the time you need”.

Prior to the jury’s deliberations, the trial ran for two and a half weeks, with the court being shown evidence in the form of police interviews, CCTV from inside Parliament House and various email and text message exchanges.

Ms Higgins’ evidence and cross examination spanned over a four day period, with other notable people, including Senator Linda Reynolds and Michaelia Cash, also taking to the witness stand.

Original URL: https://www.news.com.au/national/nsw-act/courts-law/jurys-fourth-day-of-deliberations-in-trial-of-bruce-lehrmann-accused-of-raping-brittany-higgins/news-story/93948b02e3ab412145e1191007470edb