Bruce Lehrmann to stand trial on two counts of rape

The woman who accused former Liberal party staffer Bruce Lehrmann of raping her in Toowoomba told police she was passed out and “woke up” to find him penetrating her.

Bruce Lehrmann. Picture: John Gass.

The woman who accused former Liberal party staffer Bruce Lehrmann of raping her in Toowoomba told police she was passed out and “woke up” to find him penetrating her and that he consoled her by saying “it’s OK, it’s OK” after she’d told him to stop.

Lehrmann was today committed to stand trial on two counts of rape after his defence team made an unsuccessful attempt to have the charges thrown out.

No plea has been entered and Lehrmann intends to fight the allegations.

The court heard the woman had been out drinking with friends and continued on to strip club The Vault, consuming four lines of cocaine in the hope she’d be “sober” enough to gain entry.

Once inside, the court heard she began talking to a man who she claims initially said his name was Bryce.

The court heard the pair caught a taxi back to the home of a school friend of Lehrmann where they got into bed together and had consensual sex.

During the night, they consumed more cocaine after Lehrmann discovered it in her bra, the hearing was told.

Crown prosecutor Nicole Friedewald said the woman said she was unconscious and woke to find Lehrmann penetrating her.

“Whilst (this) was occurring, the complainant had told the defendant to stop,” she told the court of the prosecution’s case.

“He confirmed to her that he was not wearing a condom, despite her insistence the night before that he do so during that one act of consensual intercourse.

Andrew Hoare KC, a barrister for former parliamentary staffer Bruce Lehrmann, arrives at the Toowoomba Magistrates Court. Picture: Dan Peled / NewsWire

“She then physically brought charge one, the act of penetration, to an end by positioning her body, forcing the defendant’s penis out of her body and despite all of this and these interactions, he immediately climbed on top of her and performed another act of sexual intercourse without wearing a condom once more.

“He did nothing, in my submission, to ascertain that she was consenting -

and to the contrary, her evidence is that he was consoling her throughout that act saying ‘it’s OK, it’s OK’.

“She describes her body as being limp and that she was not enthusiastic. He continued having intercourse with her until he ejaculated inside of her.”

Defence barrister Andrew Hoare argued the woman did not disclose any allegation of rape for some time, including later that morning, on October 10, 2021, when she asked Lehrmann to drive her to a chemist for the morning after pill.

“My client is absent and in a vehicle outside,” he told the court.

He said while inside, the woman was required to fill in a form that provided four options as to why she might need the morning after pill.

They included contraceptive failure (a split condom), missed contraceptive pills or diarrhoea or vomiting, sexual assault and contraception not used.

Mr Hoare said the woman ticked option one - contraceptive failure - and indicated that her last sexual activity had been two hours earlier.

”Just on two hours since the last sexual intercourse, the complainant does not tick that box,” he said.

He said she also did not make any disclosures at several medical appointments over the following days - including two where her mental health was discussed and a third where she was tested for STDs.

Mr Hoare said text messages to friends later that day included that she’d “had a bunch of fun with my friends” the night before.

The Vault venue on Toowoomba’s CBD. Picture: Dan Peled / NewsWire

He said a forensic medical report from a doctor - who the court heard did not meet with or receive any blood or breathe samples from the complainant - indicated the combination of alcohol and cocaine may have caused memory loss.

“The complainant using the term ‘I woke up’ is in fact a simile for ‘my next memory is this’,” Mr Hoare said.

Ms Friedewald said the woman disclosed the alleged rapes to two friends on November 6.

“It is not an uncommon occurrence for victims of offences of this kind to wait days, weeks, months, years to disclose the offending,” she said.

“The fact that she did not do so between the 10th of October and the 6th of November does not, in my submission, cause the case against the defendant to fail.”

Ms Friedewald said the woman, in statements to police, put the delay down to having been unable to process what had happened to her.

“She says, ‘I was starting to feel really shit because I hadn’t really processed what had happened and admitting it’,” Ms Friedewald told the court.

“She told her friend … about what happened and my learned friend suggests that it was (the friend who) raised the idea of sexual assault for the first time.”

Ms Friedewald told the court text messages between the woman and her friend show that was not the case.

In one message, the woman writes: “I just feel so shameful.”

The court heard the friend replied: “You also need to think about whether you would ever want to report this to police. There are options to do that anonymously too if you are worried.”

”The complainant then responds, ‘what do you mean, report it?’,” Ms Friedewald said.

”It’s at that point (the friend) indicated that she was sexually assaulted, he committed a crime.

”The complainant does not at that time question whether that is in fact true. There is no dispute by her of confusion about what happened to her.

”Rather, what she immediately says is ‘who is going to believe me?’.”

Magistrate Mark Howden summarised the police case.

“The defendant Bruce Emery Lehrmann is charged with two counts of rape on the 10th of October, 2021,” he said.

“This court must consider whether the evidence is sufficient to put the defendant on trial.”

He said the police alleged that on the evening of October 9, 2021, the woman met a man at a Toowoomba club who said his name was Bryce.

“They spoke about their political views. Bryce subsequently said his name was Bruce, the defendant in the matter,” he said.

Mr Howden said the pair left the venue at 3.24am and sat on a bench on Ruthven St until 4.02am.

Shortly after that, they got in a taxi that took them to a home in East Toowoomba.

“The complainant describes being at the house and getting into bed with the defendant,” Mr Howden said.

“She described sexual activity that then took place. The parties also used cocaine.

“She fell asleep. The complainant then remembers waking.

“The defendant was behind her. She says (in a statement to police), ‘I could feel his penis inside of me and he was thrusting’.

“She goes on to say ‘I could still feel that I was drunk’. She says, ‘it was light in the room. I remember rolling back and putting my arm on him and just said stop what you are doing’.”

Mr Howden said the complainant told police she talked to Lehrmann about the events of the previous night and he told her they’d had sex “four times”.

“In her statement, she says ‘I could not remember any of that’,” Mr Howden told the court.

”Further she says ‘I remember leaning back so he couldn’t be inside of me any more’.

“Further conversation then took place regarding the previous night. She says ‘he kept having sex with me while I just lay there. When he finished, he ejaculated inside of me. He rolled off me when he was done. I asked what the time was and he said it was about 10am. I remember I said f*ck, I missed my appointment. I need to get the morning after pill because I am not on any contraception’.”

Mr Howden said the woman told police in one of her statements that she had laid still and that: “I was so in my head, I was in shock. None of my actions were indicating that I was consenting.”

Mr Howden also summarised what he referred to as “contradictors” raised by defence barrister Mr Hoare.

These included the checklist for the morning after pill, messages to friends saying she’d had a fun night and not disclosing any allegations of rape at several medical appointments.

“There is evidence that the complainant and the defendant did have some further limited communication via social media in the weeks following the incident,” Mr Howden said.

“The complainant sent screenshots of some of these conversations to a friend calling the defendant ‘dickhead’ and saying ‘like, I’m starting to feel really shit because I hadn’t processed what had happened and admitting it and he wasn’t being very nice’.”

Mr Howden told the court the woman disclosed the alleged rapes to a friend on November 13.

He said the friend later told police the woman “seemed like she was in shock and that she still hadn’t processed it”.

“On the 25th of November, 2021, the complainant saw the news coverage about the allegations made by Brittany Higgins in Canberra against Mr Lehrmann,” Mr Howden said.

“She was speaking about the allegations with her roommate and her roommate’s mother.

“She performed an internet search for the words ‘Brittany Higgins rapist’ and realised the man she knew as Bruce was the same defendant in that matter.

“She made a formal complaint to police on the 26th of November, 2021.”

Mr Howden told the court he had considered submissions made by the defence and prosecution in whether the charges should proceed to a District Court trial.

“Taking all these matters into account, I have formed the view that ultimately the reliability of the complainant’s evidence will be a matter for an arbiter of fact, be it a judge sitting alone or a jury,” he said.

“In my view, when considering the evidence as a whole, it is sufficient at this stage for me to reach the conclusion that a reasonable jury properly instructed could return a verdict of guilty.”

Mr Lehrmann, who appeared via phone, was asked whether he had anything to say.

“Mr Lehrmann, can you hear me?” Mr Howden asked.

“I am of the opinion that the evidence is sufficient to put you on trial for two indictable offences.”

Mr Howden formally read aloud the two rape charges.

“Mr Lehrmann, you will have an opportunity to give evidence under oath and call witnesses, but first I am going to ask you if you want to say anything in answer to these two charges.

“Do you wish to say anything in answer to these charges or enter any plea?”

Mr Lehrmann replied: “Not at this time, thank you, your honour.”

A date has not been set for a trial.

Originally published as Bruce Lehrmann to stand trial on two counts of rape