Hawke's Bay Today

‘Significan­t risk to life’: Rape charges dropped in high-profile case

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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.

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