‘Significant risk to life’: Rape charges dropped in high-profile case
New evidence that the “ongoing trauma” associated with the prosecution of Bruce Lehrmann poses an unacceptable risk to the life of the complainant Brittany Higgins has prompted prosecutors to drop the high profile Australian rape charge and not proceed with a second trial.
ACT director of public prosecutions Shane Drumgold confirmed he had reviewed new medical evidence.
“I have recently received compelling evidence from two independent medical experts, that the ongoing trauma associated with this prosecution presents an unacceptable and significant risk to the life of the complainant,” he said.
“The evidence makes it clear this is not limited to the harm of giving evidence in the witness box, rather applies whether or not the complainant is required to re-enter the witness box in the re-trial.
“Whilst the pursuit of justice is essential for my office and the community, the safety of a complainant in a sexual assault matter, must be paramount.
“In light of the compelling independent medical opinions, and balancing all factors, I have made the difficult decision that it is no longer in the public interest to pursue a prosecution at the risk of the complainant’s life.”
His statement came as Higgins’ close friend and supporter Emma Webster revealed the former Liberal staffer was in a Queensland hospital undergoing mental health treatment.
Drumgold said he had “no other options but to file a notice declining to proceed with the retrial of prosecution, which I have done this morning.”
“This brings this prosecution to an end.
“Before concluding, during the investigation and trial, as a sexual assault complainant Miss Higgins has faced a level of personal attack that I have not seen in over 20 years of doing this work.
“She has done so with bravery, grace and dignity, and it is my hope that this now stop that Miss Higgins now be allowed to heal.”
Lehrmann, who was charged with one count of sexual intercourse without consent in August, 2021, pleaded not guilty to the charge.
The second trial was listed to commence on February 20, 2023.
It followed the first trial being aborted as a result of jury misconduct.
His lawyers told the court that no sexual activity took place and have criticised the decision to prosecute him.
A 12-person Supreme Court jury was discharged by the Chief Justice Lucy McCallum on October 27 after allegations of juror misconduct.
The jury never reached a verdict over whether the accused former Liberal staffer was guilty or not guilty of one count of sexual intercourse without consent, and being reckless to her consent, based on the evidence presented during the near three-week trial.