Brittany Higgins: How piece of paper led to jury in trial of rape accused Bruce Lehrmann being discharged

The trial of Brittany Higgins’ accused rapist Bruce Lehrmann was sensationally aborted after a court sheriff officer cleaning the jury room found prohibited documents.

On what should have been the jury’s seventh day of deliberations, Chief Justice Lucy McCallum on Thursday morning dismissed the 12 jurors in a shocking end to the trial.

In giving her reasons for the mistrial, Justice McCallum said one of the sheriff’s officers had been tidying up as usual after Wednesday’s proceedings when they accidentally bumped one of the juror’s document folders onto the floor.

When the officer picked it up, they found what was later confirmed to be an academic research paper about sexual assault.

“During the course of the trial, I must have given the jury at least 17 warnings,” Justice McCallum said.

“This is an unexpected and unfortunate outcome in this trial.”

Mr Lehrmann had been standing trial, accused of the political staffer’s rape following a drunken night out in March 2019.

He had pleaded not guilty to one count of sexual intercourse without consent.

Handing down her judgment, Justice McCallum said: “It has come to my attention that one of you has undertaken research in relation to issues in the case and that material has entered the jury room which ought not to have.

“I have heard an explanation and 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 to discharge you all.

“Can I please convey to you my sincerest gratitude to the hard work you’ve done in this trial.

“With those remarks, you’re discharged and you are free to leave.”

The case is now likely to be retried in February 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 police where he is living, and notify them of any residential changes.

Ms Jerome requested he surrender his passport, which defence lawyer Steven Whybrow objected to.

Justice McCallum sided with the defence and granted Mr Lehrmann bail, citing the likelihood the new trial would not commence for around four months.

Rather that confiscating his passport, Justice McCallum ordered he submit any impending international itineraries to police two weeks in advance.

Justice McCallum reminded the court of the importance of ensuring the accused is given a fair trial.

“As I’ve said in court many times, the accused is just that. He is a person who stands accused and may never be convicted of a criminal offence,” she said.

“The fairness of his trial will be impaired or at risk if people continue to report about this case with the frequency that has been reported in this trial.

“After today, reporting of the matter should fall silent so the accused can have a fair trial and so Ms Higgins can have some respite from the intense glare of the media that has been pervasive throughout this trial.”

Justice McCallum praised the legal personnel for their work during their case, saying they all “behaved in an exemplary way”.

“Thank you all for the manner in which you have conducted this trial,” she said.