Key Points
- The trial of Bruce Lehrmann for the alleged rape of Brittany Higgins has been aborted after the misconduct of a juror.
- It came after the chief justice found one juror has been conducting their own research.
This story contains allegations of sexual assault and may be distressing to some readers.
The trial of Bruce Lehrmann for the alleged rape of Brittany Higgins has been aborted after the misconduct of a juror.
ACT Chief Justice Lucy McCallum dismissed the jury after she became aware one juror had been conducting their own research by downloading an academic article that had not been presented in the 12-day trial.
That research was brought into the jury room. Juries can only rely on evidence presented in court when deciding a case.
Chief Justice McCallum was later told the same juror "was also in possession of two additional academic articles on the topic of sexual assault" by the Sheriff's officers, according to the reasons for judgment published by the court.
Former Liberal Party staffer Bruce Lehrmann arrives at the ACT Supreme Court in Canberra, on Thursday, 27 October, 2022. Source: AAP / Mick Tsikas
“It may be that no harm has been done but that is not a risk I can take… I have discharged that juror and I have discharged you all.”
“I want to convey to you my extreme gratitude for your attention and care in this case.
The jury was dismissed following a 12-day trial and had undertaken a little more than five days of deliberations.
How juror misconduct was uncovered
Chief Justice McCallum said the sheriff's office had inadvertently discovered evidence a juror had access to research material not provided to the jury.
During routine tidying, one of the sheriffs accidentally bumped one of the juror's document folders onto the floor.
The chief justice said when the officer picked up the box, he noticed part of the title page of an academic research paper.
Upon further investigation, it was discovered the topic of the paper was sexual assault.
The chief justice said the juror in question gave an explanation suggesting the document had not been used or relied upon.
However, she said it was appropriate to regard that evidence with some scepticism.
The juror was dismissed along with the rest of the jury, who the chief justice thanked for their time.
"It is beyond question the conduct of a juror is such to abort the trial."
Brittany Higgins breaks silence, but is referred to police for alleged contempt
Ms Higgins issued a blistering statement after the trial of her alleged rapist came to an abrupt end.
Addressing the media after leaving the Supreme Court, she said she chose to speak up.
She also thanked members of the public, the Department of Public Prosecutions, her family and friends, and the court officers who treated her with care and respect.
Former Liberal Party staffer Brittany Higgins (centre) and partner David Sharaz (right) arrive at the ACT Supreme Court in Canberra, on Thursday, 27 October, 2022. Source: AAP / Mick Tsikas
He has denied any sexual interaction and opted not to give evidence in his defence during the trial.
Defence lawyer Steven Whybrow also addressed the media outside court.
"We're disappointed by what's happened, but it would be inappropriate and irresponsible to say anything at this stage," Mr Whybrow told reporters
With additional reporting by Lucy Murray.
If allegations set out in this story raise issues for you, or you or someone you know needs support - you can seek 24 hour help through 1800RESPECT on 1800 737 732 or visit . In an emergency, call 000.
