Judge to ‘delve into’ links on jury to Brittany Higgins in rape trial

Anyone who follows Brittany Higgins on social media or is a ‘champion of the cause’ is unlikely to be empanelled on the jury in her rape trial.

People who follow Brittany Higgins on social media are unlikely to be selected on the jury in her rape trial. Picture: NCA Newswire/Gary Ramage

Anyone who follows Brittany Higgins on social media, has listened to her speeches or is a “champion of the cause” is unlikely to be empanelled on the jury in her rape trial.

ACT Chief Justice Lucy McCallum this morning flagged in court that she plans to “delve into” any connections which might prohibit potential jurors from being impartial.

“I think people should seek to be excused if they attended the Women’s March at which Ms Higgins spoke,” she said.

“And I also thought to flush out any person who follows Ms Higgins on Twitter.

“I mean, I’m not going to exclude anyone who’s ever seen Lisa Wilkinson on television but I think anyone who participated in that March or, indeed, I think probably any event at which Ms Higgins has spoken publicly.”

The trial judge was referring to the women’s March 4 Justice rally in Canberra last year.

Justice McCallum said she would also excuse anyone who attended Ms Higgins’ National Press Club address with Grace Tame in February.

“So I think anyone who’s participated in any of those events or who follows her on Twitter should probably come forward and seek to be excused or at least for consideration as to whether they think they can (be impartial),” she said.

Justice McCallum said potential jurors would not automatically be disqualified from empanelment but that it would depend on the person’s reasons for attending those events.

“I suppose if it was a security guard or a journalist they wouldn’t necessarily need to be excused,” she said.

“What I’m trying to flush out is anyone who has effectively indicated that they follow the cause or that they’re a champion of the cause.”

Ms Higgins alleges Mr Lehrmann raped her inside senator Linda Reynolds’ office at Parliament House in March 2019.

The 27-year-old was last year charged with sexual intercourse without consent and has since pleaded not guilty.

Mr Lehrmann’s legal team last year said the ex-Liberal staffer “absolutely and unequivocally denies that any form of sexual activity took place”.

The pre-trial hearing heard that jury members should not “have strong views one way or the other”.

“There are definitely two sides, if not more, to that cause,” Justice McCallum said.

“I guess anyone who went as a protester at the Press Club or against the (alleged victim) … it’s very hard.

“I’m just going to have to ask people to search their souls and say whether they think they can be impartial.”

The trial, set down for seven weeks, is due to start on October 4.