Brittany Higgins rape trial to finally start in ACT court

The former Liberal staffer alleges she was sexually assaulted 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.

Brittany Higgins. Photo by Lisa Maree Williams/Getty Images

The former Liberal staffer alleges she was sexually assaulted 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.

After months of legal drama and uncertainty over its start date, the trial of the man accused of raping former Liberal staffer Brittany Higgins at Parliament House will start in Canberra on Tuesday.

The trial before ACT Chief Justice Lucy McCallum is expected to run for at least a month with up to 47 witnesses to give evidence, including the alleged victim and journalists who interviewed her.

Ms Higgins has alleged that she was raped by colleague Bruce Lehrmann 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.

Mr Lehrmann has denied the allegations and has pleaded not guilty to sexually assaulting Ms Higgins.

In February 2021, Ms Higgins went public with her allegations that she had left a work function with Mr Lehrmann in a taxi, believing they would both be dropped at their respective homes. Instead, she was taken to Parliament House where she was allegedly assaulted.

After going public, Ms Higgins made a formal complaint to police. In June last year, Director of Public Prosecutions Shane Drumgold received a partial brief of evidence and a request to provide advice for consideration of prosecution.

The summons alleged that Mr Lehrmann had “sexual intercourse with Brittany Higgins, without her consent, and (that he) was reckless as to whether she had consented”.

In July last year, Mr Drumgold provided advice about the alleged rape to the Australian Federal Police.

In August last year, Mr Lehrmann was summonsed to face one charge of sexual intercourse without consent in the ACT Magistrates Court.

One of the Queensland man’s lawyers said his “client absolutely and unequivocally denies any form of sexual activity took place at all. He will defend the charge.”

At Mr Lehrmann’s first court mention on September 16 last year, his then-lawyer Warwick Korn entered a not guilty plea on his behalf. The 27-year-old’s charge carries a maximum sentence of 12 years’ imprisonment.

In November, the ACT Magistrates Court committed the matter to trial.

In late April, Mr Lehrmann’s lawyers unsuccessfully attempted to permanently halt or delay the trial because of the high level of publicity the case had received but Chief Justice McCallum dismissed their application, ruling the matter would proceed.

The trial was to start on June 6 but was postponed after Mr Lehrmann’s barrister pulled out from unforeseen circumstances. Canberra barrister Steven Whybrow stepped in and the trial was rescheduled for June 27.

Following publicity of Lisa Wilkinson’s Logies speech on June 19, Mr Whybrow successfully sought to delay proceedings to allow a fair trial. On Tuesday, more than 3½ years after the alleged late-night incident, a jury will finally be empanelled in the ACT Supreme Court.