An Australian court on Thursday discharged a jury in the high-profile trial of a former government adviser accused of raping a colleague inside Parliament House in Canberra, after a juror brought in a research paper on sexual assault that was not submitted as evidence.
The jury was discharged after a 12-day trial and five days of deliberation when it was discovered that one of the members had looked up academic research on sexual assault. The research paper was discovered inside the courtroom late on Wednesday.
Brittany Higgins, 27, has alleged that she was raped by former ministerial adviser Bruce Lehrmann in parliament on 23 March 2019 after a night out drinking with co-workers.
Mr Lehrmann, 27, pleaded not guilty in the Australian Capital Territory Supreme Court to a charge of sexual intercourse without consent, and potentially faces a 12-year prison sentence if convicted.
Lucy McCallum, the chief justice of the Supreme Court, said a juror had accessed research in relation to the case that was not presented during the trial, and had brought it into the court. The print-out was found by officials during cleaning of the room being used for jury deliberations.
Ms McCallum added that although the juror claimed that the document had not been used during deliberations, the issue had to be approached with scepticism.
“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,” Ms McCallum said. “It is beyond question [that] the conduct of a juror is such to abort the trial.”
A new date for the matter has been set for 20 February 2023, the court said, although prosecutors are yet to decide whether they will go ahead with a retrial.
Following the dismissal, Ms Higgins tore into the justice system with a searing attack.
“I chose to speak up. Speak up against rape, speak up against injustice, to speak up and share my experiences with others,” a tearful Ms Higgins said. “I told the truth no matter how uncomfortable or unflattering to the court.
“Today’s outcome does not change that truth. But I did speak up. I never fully understood how asymmetrical [the] criminal justice system [is], but I do now. My life has been publicly scrutinised, open for the world to see. His was not.”
Mr Lehrmann’s lawyer Steven Whybrow told reporters: “We’re disappointed by what’s happened.”
The case sparked nationwide outrage in Australia, with Ms Higgins accusing former prime minister Scott Morrison of “victim blaming” and alleging that his government had carried out unofficial briefings against her and her loved ones.
Ms Higgins quit her job in January last year before making a statement to police about the incident. Mr Morrison responded in February 2021 by apologising to Ms Higgins in parliament for the “terrible things” she had endured.
“The place that should have been a place of safety and contribution turned out to be a nightmare,” Mr Morrison said.
