PM apology could see Brittany Higgins accused Bruce Lehrmann’s trial delayed

Scott Morrison’s apology to victims of alleged sexual harassment could have an unexpected consequence, as the DPP issues a stern warning.

Scott Morrison’s apology to victims of alleged sexual harassment and assault in Parliament that named Brittany Higgins could provide the trigger for an application to delay to her alleged rapist’s criminal trial.

Lawyers acting for the former Liberal staffer who has been charged in relation to the matter have warned that the historic apology was “a disgrace” and “extraordinarily prejudicial” to their client Bruce Lehrmann.

The Prime Minister’s office has subsequently clarified the apology was not a direct reference to the rape allegations.A spokesperson said on Friday the apology referred generally to “the many terrible experiences Ms Higgins has detailed during her time working at Parliament House and was “by no means a reflection on the matters before a court”.

Mr Lehrmann has been charged with one count of sex without consent in relation to Ms Higgins’ allegation that she was sexually assaulted in the office of former Defence Industry Minister Linda Reynolds after work hours on March 23, 2019.

He has pleaded not guilty.

In a statement to news.com.au, the Director of Public Prosecutions in the ACT has also urged the end to “all public commentary” including “by officers of the court and public figures.”

“The criminal justice system has managed high profile cases for as long as there has been media, and has developed a raft of effective measures to protect the fairness of jury trials,’’ Shane Drumgold said.

“Notwithstanding this, I strongly discourage all public commentary, on active cases, including commentary about commentary, and particularly by officers of the court and public figures.”

Mr Lehrmann’s legal team have now signalled they may argue for a “stay” of the trial which is tentatively set down for June to an unspecified date in the future.

Prime Minister Scott Morrison apologised to Brittany. Picture: NCA Newswire/Gary Ramage

There is currently no application before the court to argue for a stay of proceedings. The matter is back in court on March 10.

But defence lawyer John Korn confirmed this was among the options his defence team was considering.

“What the Prime Minister has done is an absolute disgrace. He has completely and utterly disregarded the presumption of innocence. He has completely and utterly disrespected the courts whose function it is to try these matters,’’ Mr Korn told news.com.au.

“He has completely abrogated the rule of law. He has had no authority whatsoever from any one or any thing to make an apology for an event.”

Mr Korn said a fair trial was vital.

“Everyone gets this wrong,” he said. “A fair trial means a fair trial to the community. The participants in the trial, Ms Higgins and Mr. Lehmann they are participants and they of course have valid concerns that need to be considered. But at the end of the day, this is not Miss Higgins’ personal case.

“An alleged crime against an individual for whatever criminal offence is a crime against the community. So the whole concept of a fair trial is not to be looked at from the perspective of what is fair to Mr Lehrmann or Ms Higgins.

“It is the community’s interest in having something looked at to see whether an offence has been proven or not. That’s the starting point.”

Brittany Higgins. Picture: NCA NewsWire / Damian Shaw

On Tuesday, Mr Morrison said he was “sorry to Ms Higgins for the terrible things that took place here”.

“The place that should have been a place for safety and contribution, turned out to be a nightmare,” he said.

However, he also issued a warning on the “rule of law”

“And to those who have perpetuated such bullying, abuse and violence, the light will come to those behaviours, as it must, but it will follow and respect our rule of law in this country,’’ he said.

“It will proceed on the basis of fairness and justice, in accordance with the rules of others that are in place in our country, and it will be done in the proper way, which I’m sure all in this place would agree. Justice should come and it should always be delivered under the rule of law.”

Reports have now emerged that he originally planned to leave the apology to the presiding officers – the Speaker Andrew Wallace – until a last-minute change of plans.

The Saturday Paper has reported today that the government-appointed chair of the independent taskforce Kerri Hartland had originally proposed that neither Mr Morrison or Mr Albanese speak but the Labor leader had insisted on doing so prompting the Prime Minister to also speak.

The presence of Ms Higgins and other advocates in the chamber was also a last minute inclusion that only occurred after late night phone calls by independent Zali Stegall.

The legal warning over the Prime Minister’s remarks follows a major speech delivered in Canberra this week by Ms Higgins and campaigner Grace Tame.

In a statement released shortly after her speech, Mr Lehrmann’s lawyer Warwick Korn, said that the public attention was a threat to justice.

“(Bruce) Lehrmann has entered a plea of not guilty and the matter is set for trial,” said Mr Korn.

“Mr Lehrmann voluntarily provided a lengthy interview with investigating police and has followed every protocol asked of him since.

“My client has, from the outset, denied not only the alleged assault but also that any sexual activity, of any kind, ever took place.

“In light of the complexity, difficulty and importance of the task before any jury already, the behaviour of our prime minister and others in the last 24 hours truly beggars belief.”