Bruce Lehrmann retrial dropped over Brittany Higgins health fears

With Brittany Higgins in hospital, DPP says he decided to cancel Bruce Lehrmann’s retrial after ‘compelling’ evidence over the risk to her life.

Charges against the man accused of raping former Liberal staffer Brittany Higgins at Parliament House have been dropped and Bruce Lehrmann’s retrial – set down for February – will no longer proceed.

At 10am ACT Director of Public Prosecutions, Shane Drumgold SC, delivered a statement outside his office confirming that the matter of R v Lehrmann will not be prosecuted again next year as planned.

After delivering his statement Mr Drumgold refused to take questions.

“I need to consider the harm that could be occasioned particularly from an ongoing prosecution,” Mr Drumgold said.

“I’ve recently received… compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant.

“In light of the compelling medical opinions and balancing all factors, I’ve made the difficult decision that it is no longer in the public interest to pursue prosecution with the risk to the complainant’s life.”

Mr Drumgold confirmed he had filed a notice declining to proceed with the retrial.

He said that during the investigation and trial, Ms Higgins had faced a level of personal attack “that I’ve not seen in over 20 years of doing this”.

“She’s done so with bravery, grace and dignity,” he said.

Mr Drumgold said he believed there was a “reasonable possibility” of conviction when he first examined the evidence in June 2020.

“This is a view I still hold today,” he said.

Ms Higgins’ friend Emma Webster said she was receiving treatment in hospital and would not be providing a statement.

Speaking on Ms Higgins’ behalf, Ms Webster said it was disappointing how the trial had ended but her friend’s health had to come first.

“Brittany is in hospital getting the treatment and support she needs,” said Ms Webster.

“The last couple of years have been difficult and unrelenting.

“While it’s disappointing the trial has ended this way, Brittany’s health and safety must always come first.

“Brittany is extremely grateful for all the support she has received, particularly from our mental health care workers.”

A secret application regarding the trial was due to be heard this morning but by yesterday had been removed from the daily court list.

Mr Lehrmann’s defence told the Australian they were still “working through” the developments and Mr Drumgold’s statement.

After his arrest Mr Lehrmann had told police the case had “rocked my world” and driven him to contemplate suicide.

The original trial, before ACT Chief Justice Lucy McCallum, was aborted in October due to juror misconduct.

Chief Justice McCallum said one of the jury member had brought documents on the topic of sexual assault claims into the jury room, despite explicit instructions not to conduct research outside the trial.

The matter was immediately set down for retrial on February 20.

Ms Higgins alleged that Mr Lehrmann raped her in a senior minister’s office at Parliament House in the early hours of March 23, 2019.

The 27-year-old alleged the assault occurred in the office of her boss at the time, then-defence industry minister Linda Reynolds, after a night out drinking with colleagues in Canberra shortly before the 2019 election.

In February 2021 Ms Higgins went public with her allegations, telling media outlets that she had “woke up mid-rape essentially” on the minister’s couch sometime after security guards had let the pair into the building.

After going public, Ms Higgins made a formal complaint to police and called for the alleged perpetrator to “face the full force of the law”.

Mr Lehrmann was last year charged with “sexual intercourse with Brittany Higgins, without her consent, and [that he] was reckless as to whether she had consented”.

Mr Lehrmann, who was facing 12 years in jail, has always denied that any form of sexual activity took place at all.

Bruce Lehrmann’s retrial had been rescheduled for February 20. Picture: Gary Ramage

Less than a month after the trial was rescheduled, the Australian revealed the ACT government was rushing to amend its Evidence Act in a move suspected to be aimed at making it easier to retry Mr Lehrmann.

The change of legislation would mean that testimony given by a complainant in court could be recorded and deemed admissible in a retrial, which would allow Ms Higgins’ previous evidence – ­delivered in person in October – to be used again and free her from ­attending court or facing another cross-examination by Mr Lehrmann’s lawyers.

It is unclear whether such a bill could pass the ACT Legislative Assembly before the rescheduled trial began.

Sex Discrimination Commissioner Kate Jenkins supported the law change this week, pointing to the “retraumatising” effect of making sexual assault complaints in court and in the workplace.

After the trial was rescheduled, Ms Higgins made a statement outside court regarding her experience with the justice system.

In response, Mr Lehrmann’s legal team referred her speech to the court and the Australian Federal Police over concerns that her statement could prejudice the ­future trial and might even be considered in contempt of court.

ACT DPP Shane Drumgold’s statement in full

“Principal considerations in whether or not to continue prosecution are outlined in section two of the ACT Prosecutions Policy.

“Section 2.1 of the policy states the decision to prosecute should not be made lightly or automatically but only after due consideration.

“Broadly there are two considerations as outlined in section 2.4 of the prosecution policy which states the decision to prosecute must be understood as a two-stage process.

“First, does the evidence offer a reasonable prospect of conviction, and if so, is it in the public interest to proceed with the prosecution.

“A non-exhaustive list of considerations for the reasonable prospect of conviction test are found at 2.7 of the prosecution policy and the public interest test can be found at section 2.9 of the prosecution policy

“I closely considered the reasonable prospect of conviction test when I first examined the brief of evidence in the week of the 21st June 2021 and I formed a clear view that there was a reasonable prospect of conviction and this is a view that I still hold today.

“The non-exhaustive list of public interest tests includes section 2.9 paragraph P being the actual or potential harm occasioned to any person as a result of the alleged offence which in this context includes the actual or potential harm occasioned by the ongoing prosecution of an alleged offence.

“In short I need to consider the harm that could be occasioned to a party, particularly a complainant from an ongoing prosecution.

“I’ve recently received compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant.

“The evidence makes it clear that this is not limited to the harm of giving evidence in a witness box, but rather applies to whether or not the complainant is required to enter a witness box during a retrial.

“Whilst the pursuit of justice is essential for both my office and for the community in general, the safety of a complainant in a sexual assault matter must be paramount.

“In light of the compelling independent medical opinion and balancing all factors, I’ve made the difficult decision that it is no longer in the public interest to pursue a prosecution at the risk to the complainant’s life.

“This has left me no option but to file a notice declining to proceed with the retrial of this matter which I’ve done this morning.

“This brings the prosecution to an end.

“Before concluding, during the investigation and trial as a sexual assault complainant Ms Higgins has faced a level of personal attack that I’ve not seen in over 20 years of doing this work.

“She’s done so with bravery, grace and dignity and it is my hope that this will now stop and Ms Higgins will be allowed to heal”.