The Australian Capital Territory’s top prosecutor has issued a warning against “officers of the court and public figures” making public comment on active cases following the furore over prime minister Scott Morrison’s comments to Brittany Higgins.
Morrison was forced to clarify comments to Higgins earlier in the week relating to her time in parliament.
The comments prompted a rebuke from Warwick Korn, the lawyer representing the man accused of her rape, Bruce Lehrmann, and other leading legal figures, who feared they could be prejudicial.
Korn said the comments could reduce the chances of a fair jury trial, saying “the behaviour of our prime minister and others in this past 24 hours truly beggars belief”.
Morrison’s office later said the prime minister was speaking generally and his comments were “by no means a reflection on the matters before a court”.
The courts have long-held practices for dealing with pre-trial publicity, including through jury selection procedures and judicial directions.
The ACT’s director of public prosecutions, Shane Drumgold, has sought to allay fears about any potential impact of the publicity, telling Guardian Australia that the criminal justice system has “managed high-profile cases for as long as there has been media”.
But he also cautioned against further public commentary on active cases, including “commentary about commentary”.
“I strongly discourage all public commentary on active cases, including commentary about commentary, and particularly by officers of the court and public figures,” he said in a statement.
Several high-profile barristers spoke out to condemn Morrison’s comments on Friday.
The trial is expected to take place in June in the ACT supreme court. Lehrmann faces one charge of sexual intercourse without consent and is alleged to have raped Higgins in a parliamentary office in 2019.
He has pleaded not guilty and the trial is expected to last three to four weeks.
Judge-alone trials are no longer allowed for sexual assault cases in the ACT. Such matters must go before a jury.
