Higgins distraught as mistrial declared
THE jury in the trial of the man accused of raping Brittany Higgins has been discharged after a juror was found to have engaged in misconduct.
Bruce Lehrmann is accused of raping former colleague Brittany Higgins in Linda Reynolds’ ministerial office at Parliament House after a night out drinking with colleagues in March 2019.
Lehrmann, 27, pleaded not guilty to sexual intercourse without her consent and being reckless to her consent, on March 23, 2019. He denied having sex with Ms Higgins.
The jury heard 12 days of evidence and deliberated for five days until Chief Justice Lucy McCallum reconvened the court early on Thursday.
Justice McCallum told the court there had been an allegation of misconduct directed towards one juror before closing the court and questioning that juror.
Minutes later, Justice McCallum, with “regret”, ruled a mistrial.
She told the media that one of the ACT Supreme Court sheriffs had accidentally bumped a folder of information from a chair while cleaning inside the jury room on Wednesday afternoon.
The folder contained documents given to the jury throughout the trial. But, the court heard, the sheriff noticed an academic paper relating to sexual assault.
The subject of the paper, Justice McCallum said, was about the prevalence of and reasons for false sexual assault complaints.
“I have heard an explanation, and it may be that no harm has been done, but that is not a risk I can take,” she told the jury.
In the circumstances, Ms McCallum said, she had to discharge that juror and then the entire jury.
“This is not due to the inability on their part to reach a unanimous verdict,” she said.
“At the time they were discharged they were still deliberating … instead the jury has been discharged because I have been given cogent evidence that at least one juror has been given access to research material.
“It is beyond question that the conduct of the jury is as such to abort the trial,” she added.
“It should go without saying that this is both an unexpected and an unfortunate outcome in this trial.”
One juror swore under their breath and put a hand to their head as the judge said they could not continue.
Ms Higgins, who was in the courtroom with her partner David Sharaz for the ruling, left on the brink of tears.
Shortly after, an emotional Ms Higgins hit out at the criminal justice system in a statement delivered outside court, telling reporters it was “very clear who has been on trial”.
“When I did speak up, I never fully understood (the) criminal justice system but I do now,” she said.
“I was required to tell the truth under oath for over a week in the witness stand, I was cross-examined at length.
“My life has been publicly scrutinised, open for the world to see.”
She also thanked the “people of Australia who have rallied” behind her.
Earlier, Mr Lehrmann’s lawyer, Steven Whybrow, said he was “disappointed by what’s happened”. “But it would be inappropriate and irresponsible to say anything at this stage,” he added.
Mr Lehrmann did not talk to media as he left court.
The jury of eight women and four men had been deliberating since Wednesday afternoon last week.
A new trial is now expected to follow with Mr Lehrmann ordered to front court in February 2023. He cannot contact Ms Higgins or her family, among other bail conditions.