Trial of Bruce Lehrmann

Bruce Lehrmann was charged with and tried for the alleged rape of Brittany Higgins. While it initially appeared that there would be a hung jury the matter was dismissed following misconduct by a juror. Initially a retrial was set down for February 2023. On 2 December 2022 the Director of Public Prosecutions for the Australian Capital Territory, Shane Drumgold, announced that the charges against Bruce Lehrmann would be withdrawn. This appears to constitute a nolle prosequi.

4 October 2022

The trial of Bruce Lehrmann begins in the Australian Capital Territory. Brittany Higgins took the stand and, between tears, stated that she had a "strange adversarial relationship" with Bruce Lehrman. Text messages and CCTV footage have been presented to the court. A total of 47 witnesses will present evidence during the trial that is expected to take 4-6 weeks.

The defence pointed out inconsistencies between Higgins' account of events and that of a female security guard that found her alone in an office in Parliament House.

5 October 2022

Brittany Higgins again took the stand during the second day of the trial. Higgins admitted that she did not seek medical attention despite later claiming to have been raped by Bruce Lehrman. Higgins stated that she took a pregnancy test two weeks after the she and Bruce Lehrman went to parliament house together.

Higgins claims that earlier in the evening Bruce Lehrman had tried to kiss her but that she had rebuffed him.

Texts between Higgins and her ex-boyfriend Ben Dillaway were tendered to the court. The context seems to pertain to the the security breach with Higgins expressing concern that she may lose her job.

6 October 2022

Higgins claimed that she kept the dress she had worn during the alleged rape under her bed for six months. The court was then shown a photograph of her wearing it a few weeks later.

Higgins was questioned about her interactions with Lisa Wilkinson and in particular if she had arranged to record an interview.

7 October 2022

Higgins admits deleting texts relevant to the police investigation before providing her phone to police.

Higgins also stated that she "made a mistake" in her testimony when she said she put the dress in a plastic bag and put it under her bed for six months.

https://www.news.com.au/national/courts-law/brittany-higgins-struggling-during-cross-examination-in-bruce-lehrmann-rape-trial/news-story/6dc0c6683ca6277671d72acff171d980

It was stated during the trial that Higgins told a representative of her employer that she intended to visit a doctor following the allegation that she was raped but that she did not do this.

https://www.news.com.au/national/courts-law/brittany-higgins-struggling-during-cross-examination-in-bruce-lehrmann-rape-trial/news-story/6dc0c6683ca6277671d72acff171d980

Higgins admitted under cross-examination that she knew that her partner, David Sharaz, had provided documents to journalists before she was interviewed by police.

Sharaz is himself a journalist.

10 October 2022

Higgins is unavailable to give evidence. The court proceeded with hearing other evidence however the mainstream media is barred from reporting on this testimony.

A non-publication order is in place until Higgins has completed her testimony.

11 October 2022

Higgins is again unavailable to give evidence. The court has continued hearing other evidence however the mainstream media is still barred from reporting on this testimony.

A non-publication order is in place until Higgins has completed her testimony.

12 October 2022

Higgins is expected to resume giving evidence on Friday 14 October 2022.

Today jurors were informed that the the trial is expected to conclude early.

A non-publication order is in place until Higgins has completed her testimony.

https://www.dailymail.co.uk/news/article-11306203/Brittany-Higgins-Bruce-Lehrmann-trial-Forensic-expert-finds-NO-trace-semen-cocktail-dress.html

13 October 2022

A non-publication order is in place until Higgins has completed her testimony.

14 October 2022

Higgins again gave testimony, this time addressing Bruce Lehrman directly.

The witness list has been reduced from 52 to 32.

https://www.abc.net.au/news/2022-10-14/brittany-higgins-returns-to-court-bruce-lehrmann-trial/101534848

https://www.abc.net.au/news/2022-10-14/parliamentary-witnesses-give-evidence-in-lehrmann-trial/101532580

https://www.abc.net.au/news/2022-10-14/rape-trial-shown-bruce-lehrmann-police-interview/101530814

https://www.9news.com.au/national/brittany-higgins-bruce-lehrmann-alleged-rape-trial-continues/59651db6-0491-4e28-88d6-043a541d9cd3

Testimony from a security guard indicates that Lehrmann was only in the minister's office for about 20 minutes.

https://www.msn.com/en-au/news/australia/brittany-higgins-final-day-in-witness-box/ar-AA12VIzx

Bruce Lehrmann denies even being in the office in which it is alleged that he had sexual intercourse with Brittany Higgins without consent.

Higgins admitted that she was not wearing underwear on the night of the alleged rape. This contradicts statements she made to Lisa Wilkinson during an research interview in which she claimed that Bruce Lehrmann had removed her underwear.

Higgins also admitted that she had started an outline for a future book before participating in a formal interview with police.

17 October 2022

A photograph of a bruise on Higgins' leg has been challenged in court. The court heard that there was no record of the image of the bruise until 2021.

Senator Reynolds took the stand and was accused of attempting to coach defence lawyers and of seeking to obtain transcripts

Senator Reynolds was accused by the prosecution of texting a defence barrister and seeking to obtain transcripts of Higgins' testimony before coming to court herself. Reynolds was accused by the prosecution of providing advice to the defence barrister in relation to certain evidence.

Senator Reynolds also admits that her partner has been attending the trial.

Senator Michaela Cash also gave evidence and rejected the claim that she knew about the alleged rape before 5 February 2021.

18 October 2022

https://www.news.com.au/national/nsw-act/politics/a-fall-court-hears-new-theory-on-brittany-bruise-mystery/news-story/29311051f2543591b7461dfee4ce8d5e

https://www.news.com.au/national/nsw-act/courts-law/accused-attracted-to-brittany-court-told/news-story/de3d19ad484bd7f168a1a83951d0e709

https://www.dailymail.co.uk/news/article-11326051/Brittany-Higgins-Bruce-Lehrmann-rape-trial-Read-prosecutions-closing-argument.html

https://www.msn.com/en-au/news/australia/i-categorically-and-utterly-reject-that-assertion-5-key-moments-from-bruce-lehrmann-s-trial/ar-AA1352Hy

https://www.skynews.com.au/australia-news/politics/crown-prosecutor-poses-five-key-questions-in-bruce-lehrmann-rape-trial-as-he-defends-brittany-higgins-as-a-credible-witness/news-story/5c28e6b49104458d09bee818f6743350

https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-trial-final-days-for-brittany-higgins-parliamentary-rape-trial-prosecution-closes-case/news-story/33a718997e9b995634935050f8df1f36

https://www.abc.net.au/news/2022-10-15/second-week-a-stream-of-witnesses-to-bruce-lehrmann-rape-trial/101538834

19 October 2022

https://www.news.com.au/national/nsw-act/courts-law/key-points-from-cross-examination-of-brittany-higgins/news-story/9917c1f232199e4d89c0809d6c833732

https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-trial-final-days-for-brittany-higgins-parliamentary-rape-trial-prosecution-closes-case/news-story/33a718997e9b995634935050f8df1f36

https://www.dailymail.co.uk/news/article-11329371/Bruce-Lehrmanns-lawyer-accuses-Brittany-Higgins-throwing-Lisa-Wilkinson-bus.html

The prosecution rejected that the trial was about the MeToo movement.

The jury has retired to deliberate the case.

https://www.msn.com/en-au/news/australia/higgins-credibility-put-at-trial-s-centre/ar-AA133Zv2

20 October 2022

Jury is deliberating.

21 October 2022

Jury is sent home for the weekend after failing to reach a unanimous verdict.

24 October 2022

https://www.msn.com/en-au/news/australia/bruce-lehrmann-rape-trial-jury-told-to-take-all-the-time-it-needs-to-reach-a-verdict/ar-AA13ij7a

https://www.9news.com.au/national/bruce-lehrmann-trial-brittany-higgins-verdict-jury-update/9108bd36-24e3-4d08-b49b-7173e3b62c9d

25 October 2022

https://www.msn.com/en-au/news/australia/bruce-lehrmann-rape-trial-jury-sent-back-to-deliberate-after-saying-it-was-unable-to-agree-on-verdict/ar-AA13ljd9

26 October 2022

https://www.theguardian.com/australia-news/2022/oct/26/bruce-lehrmann-trial-jury-sent-home-overnight-and-will-continue-deliberating

https://www.msn.com/en-au/news/australia/bruce-lehrmann-s-lawyers-argued-scott-morrison-s-apology-to-brittany-higgins-was-particularly-egregious/ar-AA13nZcu

https://www.theguardian.com/australia-news/2022/oct/26/bruce-lehrmann-trial-jury-sent-home-overnight-and-will-continue-deliberating?

27 October 2022

Mistrial declared following misconducted by a juror.

https://www.independent.co.uk/news/world/australasia/brittany-higgins-rape-trial-bruce-lehrmann-b2211603.html

https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmanns-lawyers-seeking-legal-advice-from-police-over-brittany-higgins-speech-after-trial/news-story/beb9defb5e489d851ba68d6b72452a1b

31 October 2022

A second trial of Bruce Lehrmann has been confirmed.

1 December 2022

The mainstream media is reporting that the charges against Bruce Lehrmann are to be withdrawn.

2 December 2022

Shane Drumgold, the Director of Public Prosecutions for the Australian Capital Territory has announced that the charges against Bruce Lehrmann are to be withdrawn.

Standard of Proof

In order to secure a conviction all elements of the offence must be proven beyond reasonable doubt. As of 14 October 2022 Bruce Lehrmann denies that he was present in the office in which the alleged rape occured, and that he had sexual intercourse with Brittany Higgins. In order to secure a conviction in a fair and reasonable court the prosecution would need to establish that he was present at the time and place of the offence, that he had sexual intercourse with Higgins and that it was non-consenual.

In order to put a matter before the courts the state should show there is a reasonable prospect of conviction which is a lower standard than that required for conviction, beyond reasonable doubt. Unless the prosecution has access to strong evidence that has not been disclosed publicly, and given the circumstances of this case, it is difficult to see how the prosecution could meet the standard of reasonable prospect of conviction let alone beyond reasonable doubt.