The Australian Capital Territory will introduce new laws punishing jurors who conduct their own research.
Last year, the trial of Bruce Lehrmann collapsed in the ACT supreme court after a juror conducted their own research and brought in material from outside the courtroom.
The juror did so despite repeated warnings – but did not face any punishment after the actions caused the abandonment of the trial because the chief justice, Lucy McCallum, discovered there was no such offence or penalty in the ACT.
The ACT’s attorney general, Shane Rattenbury, said his government would introduce new rules for juries, which carry a maximum penalty of two years’ jail and fines for juror misconduct.
“This offence is designed to make it very clear to jurors they should not do their own research,” Rattenbury said on Thursday.
Rattenbury said the proposed new offence would extend to a range of behaviour, including internet searches. He said jurors put the prospect of a fair trial at risk by doing their own research.
“Information that has not gone through the court, has not been openly considered and all the parties have not had a chance to examine that information … is a real risk to having a fair trial,” he said.
The ACT government will also move to allow majority verdicts, bringing it in line with other jurisdictions. The proposed changes would allow a verdict to be returned by 11 of 12 jurors in an aim to avoid hung juries.
“It doesn’t seek to water down the standards or the requirements, but it does mean if you have one juror who is an outlier you can still proceed with a trial effectively and not have to have a whole re-trial process,” Rattenbury said.
Lehrmann was tried on the allegation that he raped Brittany Higgins in Parliament House. He consistently denied the allegation and pleaded not guilty. After his first trial was abandoned due to juror misconduct, prosecutors decided not to proceed with a retrial.
