Bruce Lehrmann’s legal team seeks ‘urgent’ advice from police on whether Brittany Higgins’ emotional speech after his trial was aborted amounts to contempt of court.
Ms Higgins spoke to reporters outside the ACT Supreme Court on Thursday morning after jurors were fired for bringing prohibited documents into the jury room.
Despite being broadcast live on TV, much of Ms Higgins’ speech could not be published in print for legal reasons.
In a statement, Steve Whybrow, Mr Lehrmann’s lawyer, confirmed that he had referred the matter to the police.
“As we left the Court this morning, I informed the assembled media that given that this case was pending and a date of February 20, 2023 had been set for a new trial, it would be both inappropriate and irresponsible to proceed at this stage. to comment further. ‘
Ms Higgins is seen leaving court with members of her legal team after trial was aborted
Brittany Higgins fought back tears as she delivered an emotional speech outside the ACT Supreme Court on Thursday
“It is my understanding that the complainant and other members of her support team were all in court this morning when the Chief Justice dismissed the jury and made strong remarks about people making statements or comments that could jeopardize a fair trial.
“Despite Her Honor’s admonition, the complainant proceeded to make an apparently prepared speech to the media outside the Court.
“We have brought these comments to the attention of the Court and the Australian Federal Police, and it is not appropriate for Mr Lehrmann or his lawyers to comment on whether the complainant’s statements amount to contempt of the court.” or offenses against the ACT Criminal Code.
“I urge all media outlets to exercise restraint in reporting this matter and in particular in republishing the complainant’s statements.
“Neither Mr. Lehrmann nor his lawyers will comment further on this matter at this stage.”
Mr. Lehrmann’s team accompanies him as they walk past media outlets waiting outside the court
Chief Justice Lucy McCallum announced on Thursday that the trial had been halted after a janitor found an academic investigative report on sexual assault in the jury room.
Lehrmann, who has pleaded not guilty to allegedly raping Ms Higgins in the parliament building during a drunken night out in March 2019, is likely to face a new trial early next year.
She fought back tears and gave an emotionally charged speech to reporters out of court, where she described the justice system as “asymmetric.”
“I chose to cast my vote…to give my opinion and share my experiences with others,” she said.
“I never fully understood the asymmetry of the criminal justice system, but now I do.”
Ms Higgins said she would have to undergo intensive interrogation and appear in court, while her alleged rapist was not required to testify.
While being questioned at length, Ms Higgins said that Mr Lehrmann “had the choice” to remain silent, and “sat in a notebook with his head bowed.”
Bruce Lehrmann to leave the ACT Supreme Court with his legal team on Thursday after his trial was aborted
“He was never asked about his story and the criminal charges,” she said.
“I had to hand over my phones, my passwords, messages, photos and my data to him.
She claimed, “My life has been scrutinized publicly, open for the world to see. It wasn’t him.’
Ms Higgins said the hearing has been dubbed the “Higgins trial” in the media in recent weeks, but she “does not blame publications.”
She noted that friends and relatives of the alleged victim are called to the witness stand in criminal trials while the accused has the legal right to “say nothing at all.”
Mr Lehrmann was previously seen leaving the court with his lawyer. He did not speak to the waiting media scrum as he walked out.
The sensational end to the four-week trial came on the seventh day of the jury’s deliberation.
Mr Lehrmann’s legal team has confirmed they are seeking advice on whether Ms Higgins’ speech was a contempt of court
In giving her reasons for the mistrial, Judge McCallum said one of the sheriff’s officers was cleaning up as usual after Wednesday’s proceedings when they accidentally knocked one of the juror’s file folders on the floor.
When the officer picked it up, they found what was later confirmed as an academic research paper on sexual assault.
“During the trial, I must have given the jury at least 17 warnings,” she said. “This is an unexpected and unfortunate outcome in this process.”
Mr. Lehrmann pleaded not guilty to one count of sexual intercourse without consent.
Judge McCallum delivered her verdict, saying: “It has come to my attention that one of you has been investigating matters in the case and that material has entered the jury room that should not have happened.
“I’ve heard a statement and it may be that no damage has been done, but that’s not a risk I can take. I fired that juror and I have to fire you all.
Brittany Higgins held hands with boyfriend David Sharaz as she arrived at the ACT Supreme Court on Thursday – not knowing what was going to happen
“Can I please convey my sincere gratitude for the hard work you have done in this process.
“With those comments, you’re fired and you’re free to leave.”
The case is now likely to be tried again next year, with Justice McCallum indicating the trial will be rescheduled for February 20, 2023.
Prosecutor Skye Jerome tried to impose bail conditions on Mr Lehrmann not to contact Ms Higgins, her parents or David Sharaz.
He must also tell the police where he lives and notify them of any changes to the property.
Ms Jerome asked him to surrender his passport, to which attorney Steven Whybrow objected.
Bruce Lehrmann arrives at the ACT Supreme Court in Canberra on Thursday, October 27
Justice McCallum sided with the defense and granted Mr. Lehrmann bail, citing the likelihood that the new trial would not begin for about four months.
Rather than confiscate his passport, Judge McCallum ordered that he file all threatening international routes with police two weeks in advance.
Judge McCallum reminded the court that it is important to ensure that the accused receives a fair trial.
“As I’ve said many times in court, the accused is just that. He is a person who is accused and will never be convicted of a crime,” she said.
“The fairness of his trial will be compromised or jeopardized if people continue to report on this case at the frequency reported in this process.
“After today, coverage of the case should be silent so that the accused can receive a fair trial and Ms. Higgins can get some reprieve from the intense media scrutiny that has been ubiquitous throughout this trial.”
Justice McCallum praised the legal staff for their work during their case and said they all “behaved exemplary.”
“Thank you all for the way you led this process,” she said.