Bruce Lehrmann defence lawyers’ stay plea denied

The judge overseeing the trial of Bruce Lehrmann for the rape of Brittany Higgins denied a stay on proceedings because most of the publicity surrounding the case occurred before he was charged.

Bruce Lehrmann arrives at ACT Magistrates Court on Wednesday. Picture: Getty Images

The judge overseeing the trial of Bruce Lehrmann for the alleged rape of Brittany Higgins denied a stay on proceedings because most of the publicity surrounding the high-profile case occurred before he had been charged.

ACT Supreme Court Chief Justice Lucy McCallum on Wednesday released her decision to deny a stay and take down order of media reports brought by Mr Lehrmann’s lawyers in March.

Ms Higgins has alleged Mr Lehrmann raped her on the couch in the office of their then boss, Senator Linda Reynolds, who was the defence industry minister, in the early hours of March 23, 2019, after a night out drinking with colleagues.

Stories on the allegations of rape were published on February 15, 2021.

Mr Lehrmann was charged with sexual intercourse without consent about six months later in August 2021, to which he has pleaded not guilty.

Justice McCallum said that since Mr Lehrmann had been charged, “the most intense aspect” of media reporting was on the discussion and criticism on how Ms Higgins’ allegations were treated within Parliament House.

“Much of the publicity surrounding the complainant’s allegation came at a time before the accused had been charged or even named,” she said.

“There was a further spate of discussion at the time the accused was charged and again at the time of the prime minister’s apology.

“Since the time the accused was charged, by far the most intense aspect of the publicity has been the discussion and criticism of the way in which the complaint was treated within Parliament House.”

Ms Higgins’ allegations in part triggered the March 4 Justice rally at Parliament House that attracted thousands of people and unleashed what was wildly termed a reckoning against the mistreatment of women in politics.

Mr Lehrmann’s trial began on October 4 and the jury deliberation will continue on Thursday.

Mr Lehrmann sat in court on Wednesday with his hands clasped in his lap as Justice McCallum adjourned the jury.

Ms Higgins was not present.

Under ACT law, charges of sexual intercourse without consent must be tried by a jury.

Mr Lehrmann’s lawyers argued that the pre-trial publicity had “enhanced” Ms Higgins, who had sought to discuss her allegations of rape with the assistance of the media and the backing of powerful people including then prime minister Scott Morrison.

Justice McCallum said she accepted that most of the reporting around the case “ assumes the complainant’s truthfulness”, but said the matter was not “beyond rescue” and therefore did not justify a stay on proceedings.

“The case for a temporary stay is not compelling,” she said.