Bruce Lehrmann considers legal action

The man accused of raping former Liberal staffer Brittany Higgins at Parliament House is contemplating civil remedies after his charges were dramatically dropped on Friday due to concerns over the complainant’s mental health.

Bruce Lehrmann, in Sydney on Friday, will take time to ‘process these developments’. Picture: BACKGRID

The man accused of raping former Liberal staffer Brittany Higgins at Parliament House is contemplating civil action after the charges were dropped on Friday due to concerns over her mental health.

Bruce Lehrmann – who was accused of sexually assaulting Ms Higgins in their boss’s ministerial office in March 2019 – plans to seek legal redress for loss of reputation and employment.

It is understood the 27-year-old is specifically considering legal redress for alleged defamation and unfair dismissal.

This comes after ACT Director of Public Prosecutions, Shane Drumgold SC, on Friday ­announced he would not run the case again due to the “ongoing trauma” it would cause Ms ­Higgins.

Brittany Higgins. Picture: NCA NewsWire/Gary Ramage

Mr Lehrmann, who was facing 12 years in jail, pleaded not guilty to engaging in sexual intercourse without consent and denies any form of sexual activity took place.

Mr Drumgold said he did not believe it was in the public interest to proceed with a second trial, which had been scheduled for late February. “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,” he said.

But Mr Drumgold said he had made the “difficult decision” to drop the case due to “the harm that could be occasioned” to the 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,” he said. “While 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.”

Mr Drumgold said that these concerns about Ms Higgins had left him “no option” but to file a notice on Friday morning declining to proceed with a retrial.

“This brings the prosecution to an end,” he said. “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.”

Ms Higgins was absent from court in the middle of her bruising cross-examination, reportedly because she had been admitted to a mental health facility for five days.

News.com.au reported police found her walking in the rain and took her to hospital.

Ms Higgins’ friend Emma Webster confirmed the 27-year-old was receiving mental health treatment in a Queensland hospital.

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

Ms Higgins also received ­mental health treatment in hospital in June 2021.

Mr Lehrmann on Friday ­declined to comment but a friend told The Weekend Australian he would now take some time to “process these developments and recover from his ordeal”.

Mr Lehrmann’s original trial, before ACT Chief Justice Lucy McCallum, was aborted in October due to juror misconduct and immediately set down for retrial on February 20.

Less than a month after the trial was rescheduled, The ­Australian revealed the DPP had asked the territory’s government to amend the Evidence Act in a move that would have ­allowed Ms Higgins, who gave evidence in open court, to have her original testimony used in the retrial.

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

Meanwhile on Friday afternoon, the court heard an application by the media to revoke non-publication orders in closed court. While the media were represented by lawyers at the hearing, journalists were not allowed to ­attend or report on the hearing.