Rape charges against Bruce Lehrmann dropped

He will not face a retrial over the alleged rape of former Liberal staffer Brittany Higgins.

Bruce Lehrmann. Picture: NCA NewsWire / Gary Ramage

He will not face a retrial over the alleged rape of former Liberal staffer Brittany Higgins.

The charges against Bruce Lehrmann for the alleged rape of former Liberal staffer Brittany Higgins have been dropped and a retrial is not going ahead, the Director of Public Prosecutions announced on Friday.

ACT DPP Shane Drumgold SC confirmed the charges, which followed an alleged incident at a ministerial office in Parliament House in March 2019, had been dropped, following medical evidence about how a second trial would affect the mental health of Higgins.

“I've recently received… compelling evidence from medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant," Drumgold said in a short pre-prepared statement outside his office on Friday.

“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.”

News.com.au reported Higgins is currently in hospital undergoing mental health treatment in Queensland due to a "difficult and unrelenting" last couple of years. 

An upset Brittany Higgins outside the Magistrates Court in Canberra on October 27. Picture: NCA NewsWire / Gary Ramage

Drumgold confirmed he had filed a notice declining to proceed with the retrial and R v Lehrmann would not be prosecuted again next year as planned.

Drumgold previously said the DPP intended to pursue the matter in a retrial after the first trial was aborted in October over juror misconduct. It is understood a juror brought outside documents on sexual assault claims into the jury room. There are explicit instructions in a trial not to conduct research beyond what is delivered in the courtroom.

The trial was rescheduled for February 20, 2023.

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

“She's done so bravery, grace, and dignity."

He added he still held the view there was a "reasonable possibility of conviction" as he did when he first read the evidence in June 2020.

Lehrmann has maintained his innocence and claimed the pair did not engage in any sexual activity in the office of her boss, minister Linda Reynolds. He pleaded not guilty to a charge of sexual intercourse without consent.

Following the termination of the trial, Higgins spoke outside court about her justice system experience. Lehrmann's legal team then referred the matter to the Australian Federal Police and the court believing it could prejudice a future trial or be in contempt of the court.

The Australian contacted Lehrmann’s lawyers last night who said they were waiting to learn what the DPP’s announcement was about themselves.