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Now Brittany stands accused: Lawyers complain to police after post-trial speech

Lawyers for the man Brittany Higgins accuses of raping her have referred her to police for the blistering public comments she made after the trial was abruptly aborted.

Oct 27, 2022, updated Oct 27, 2022
Former Liberal Party staffer Brittany Higgins makes a statement after leaving the ACT Supreme Court in Canberra. (AAP Image/Mick Tsikas)

Former Liberal Party staffer Brittany Higgins makes a statement after leaving the ACT Supreme Court in Canberra. (AAP Image/Mick Tsikas)

Bruce Lehrmann’s lawyers have swiftly responded to Higgins’ statement outside the ACT Supreme Court by referring her comments to the court and Australian Federal Police.

The jury in the Lehrmann rape trial was dismissed on Thursday over fears of misconduct by a juror.

Lehrmann has denied any sexual interaction and opted not to give evidence in his defence during the trial.

Higgins addressed the media after leaving the Supreme Court in Canberra, saying she chose to speak up against injustice and share her experience with others.

“Today’s outcome does not change that truth,” she told reporters.

Higgins said she never properly understood the criminal justice system until taking part in the trial.

“I was required to tell the truth under oath for over a week in the witness stand, I was cross-examined at length,” she said.

“He was afforded the choice of staying silent in court, head down in a notebook, completely detached. He never faced one question in court about his story and the criminal charges.”

Unlike the accused, Higgins said she was required to surrender her telephones, passwords, messages, photos and private data.

“My life has been publicly scrutinised, open for the world to see,” she said.

“His was not.”

Higgins acknowledged the case had sometimes been labelled the “Higgins trial” in the media over the last few weeks.

“But I don’t blame you because it’s very clear who has been on trial,” she said.

“He hasn’t had to be publicly accountable for his actions or any part of his story.”

Higgins said it was the reality of how complainants in sexual assault cases were treated.

“Their lives are torn apart, their friends and families are called to witness stand and the accused has the legal right to say absolutely nothing,” she said.

“Like all women who experience sexual violence, I knew the odds were stacked against me. The criminal justice system has long failed to deliver outcomes to victims of sexual assault.”

Higgins said conviction rates in rape cases were a “national shame” and thanked other women who had come forward to share their experiences.

She also thanked members of the public who had rallied behind her, the Department of Public Prosecutions, her family and friends, and the court officers who treated her with care and respect.

Defence lawyer Steven Whybrow issued a written statement in response to the remarks.

“We have brought these comments to the attention of the court and the Australian Federal Police,” he said.

“It is not appropriate for Mr Lehrmann or his lawyers to make any comment as to whether the complainant’s statements might amount to a contempt of court or offences against the ACT Criminal Code.”

Chief Justice Lucy McCallum said it had been discovered a juror had undertaken some research in relation to the case which had entered the jury room.

“I have received evidence that at least one juror has had access to research material that was not provided to the jury during the trial,” Chief Justice McCallum said.

She 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.”

In her closing remarks, McCallum urged against reporting the case to ensure a fair trial and to provide Higgins with some respite.

“The accused is just that. He is a person that stands accused,” she said.

“The fairness of his trial will undoubtedly be impaired or at risk if people continue to report on this case with the frequency that has occurred.

“I would expect after reporting the outcome of today that reporting of the matter should fall silent so the accused can have a fair trial and Ms Higgins can have some respite from the intense glare of the media that has been pervasive in this trial.”

Bruce Lehrmann was being tried by the ACT Supreme Court, charged with sexual intercourse without consent.

He pleaded not guilty.

The jury was dismissed following a 12-day trial and had undertaken a little more than five days of deliberations.

A new trial has been set down for February 20 next year and Lehrmann will remain on bail until then.

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