Secret court transcript reveals rogue juror ‘deeply sorry’ after causing Bruce Lehrmann’s rape trial to be aborted

Rogue juror’s confession reveals what happened behind the scenes before Bruce Lehrmann’s rape trial was sensationally aborted.

Bruce Lehrmann’s rape trial was sensationally aborted. Picture: NCA NewsWire / Gary Ramage

The confession of the juror who caused Bruce Lehrmann’s rape trial to be sensationally aborted late last year can now be revealed, after the Sofronoff Inquiry released the transcript of a secret Supreme Court hearing.

The court transcript, published in a bundle of exhibits overnight, revealed what happened behind the scenes after a court sheriff discovered that a rogue juror had taken prohibited material – in the form of a research paper about sexual offending – into the jury room on October 26 last year during deliberations.

The next morning ACT Supreme Court Chief Justice Lucy McCallum discharged the jury before bringing the juror and Sheriff’s Officers who found the prohibited material into the courtroom to ask them what had happened in the presence of the prosecution and Mr Lehrmann’s legal team.

“While tidying up the room, I had accidentally knocked a folder off a chair,” the sheriff’s officer told the Chief Justice.

“I had noticed there was a document inside one of the clear folders that we give to the jurors at the beginning of the trial.

“A document, and at the top, I noticed that it wasn’t part of the exhibits.

“I then informed the other two sheriff’s officers who were with me and they agreed that it wasn’t part of the exhibits.”

The sheriff’s officer then radioed their boss to tell them what they had discovered. The Acting Sheriff then informed the Chief Justice.

During the closed-court hearing on October 27 the juror, who cannot be identified, told Chief Justice McCallum they were “deeply sorry” for taking the prohibited material into the jury room.

The juror admitted taking the document into the jury room but said they had just wanted to “clarify a point for myself”.

ACT Chief Justice Lucy McCallum. Picture: Canberra Times

“I brought it in to show where the clarification came from and we agreed that it shouldn’t be, because it was research, that it shouldn’t be discussed … and we have not discussed it,” the juror said.

Chief Justice McCallum said she would have to “discharge the whole of the jury at this point”.

“Can I say I give you my sincere apologies,” the juror told her.

“I wasn’t aware that doing this was in any sense a wrongdoing. I was just purely doing, finding out what it meant, certain words, and in case I mentioned it to the jury, I wanted to make sure that I wasn’t inventing anything.

“Because we’re not allowed to, I didn’t want to throw anything in the bin, I kept everything in the folder.

“No one has read it, no one knows anything about it. I just thought I would mention that.”

Chief Justice McCallum thanked the juror for their explanation and apology but said it was a “risk that I’m unable to take”.

“I am deeply sorry for this,” the juror reiterated.

“I’m willing to take responsibility for that, Your Honour, if you feel that that’s appropriate.”

Chief Justice McCallum said “that’s a matter for you”.

“But I do remind you that it’s an offence to disclose your deliberations,” she said.

“So I would prefer that you preserve your anonymity.”

Former liberal staffer Brittany Higgins alleged Mr Lehrmann raped her in Senator Linda Reynolds’ ministerial office in the early hours of March 23, 2019 after a night out drinking with colleagues in Canberra.

Former Liberal Party staffer Brittany Higgins.

Mr Lehrmann was later charged with sexual intercourse without consent and pleaded not guilty.

The 29-year-old’s trial was sensationally aborted in October due to juror misconduct and immediately listed for a retrial in February before proceedings were discontinued altogether in December.

The transcript has come to light after the Board’s chair Walter Sofronoff KC issued Mr Lehrmann’s defence barrister Steven Whybrow SC with a subpoena to provide a written statement about a number of matters related to the trial including the discharge of the jury.

“To the best of my recollection, late on 26 October 2022 and after the jury had been sent home for the day, I received a telephone call from one of her Honour’s associates requesting that I immediately attend her Honour’s chambers,” Mr Whybrow said in his statement to the inquiry.

“Her Honour informed the parties that while tidying up the jury room that evening a sheriff’s officer found a document that he immediately recognised should not have been in the jury room.

“Her Honour showed us what appeared to be a research paper relating to the reporting and investigation of sexual offending.”

Chief Justice McCallum stated that she had no choice but to discharge the jury the following morning.

“Both myself and Mr Drumgold SC indicated our agreement with Her Honour’s assessment,” Mr Whybrow wrote.