The entire jury in the trial of Bruce Lehrmann has been discharged after a juror was found to have brought a research paper on sexual assaults into the jury room.
The ACT supreme court convened on Thursday morning and heard that Lehrmann’s trial must be aborted after a juror had conducted research outside the courtroom, something jurors are routinely told not to do.
The court heard the juror brought in a research paper that attempted to quantify the number of false complaints and interrogate the reasons for making false complaints. The use of the research paper was contrary to at least 17 directions from the trial judge to jurors telling them not to conduct their own research or inquiries.
The paper was discovered accidentally by a sheriff’s officer during routine tidying of the jury room. The sheriff’s officer bumped one of the juror’s plastic folders and noticed the title page of a research paper among the papers.
The chief justice, Lucy McCallum, said she had no choice but to discharge one of the 12 jurors who have been deliberating since last week. She said that meant she had to discharge them all.
“It has come to my attention that one of you, contrary to directions, has undertaken research in relation to issues in the case and that material has entered the jury room that ought not to have,” she told the jury.
“I have heard an explanation and it may be that no harm has been done, but that is not a risk that I can take. In the circumstances, I have discharged that juror and I have to discharge you all.”
A new trial date has been set down for February 2023.
Outside court, Lehrmann’s barrister Steven Whybrow said everyone was “disappointed”. “Everyone is disappointed at what happened but it would be inappropriate and irresponsible to say anything at this time,” he said.
Higgins made an emotional statement on Thursday thanking her supporters and saying her life had been “completely scrutinised [and] open for the world to see”.
In a judgment explaining her decision, McCallum said the juror had told the court that the document had not been used or relied upon by the jury in its deliberations.
“In the circumstances, it is appropriate to regard that evidence with some scepticism,” she said.
“During the course of the trial on my calculation, I must have given the jury at least 17 directions not to conduct research of their own.”
McCallum said that in New South Wales, such conduct may have warranted an offence. There was no such offence in the ACT, the court heard.
“It is beyond question that the conduct of the juror is such as to abort the trial,” she said.
“Both counsel for the prosecutor and the accused agreed with my decision in that respect. It should go without saying that this is both an unexpected and unfortunate outcome in this trial.”
The sheriff officer’s actions were praised by McCallum. She said the officer showed “courage, integrity and good sense”. “The court is fortunate indeed to be so well served,” the judge said.
McCallum told the media it could report the outcome of this first trial but then should “fall silent” to prevent any prejudice to the second trial in four months’ time.
“I would expect that after reporting the outcome of today that reporting of the matter should fall silent so that the accused can have a fair trial and Ms Higgins can have respite from the intense glare of the media that has been pervasive throughout this trial,” she said.
Lehrmann will remain on bail and must notify police of any plans to travel.
The jury had been deliberating since last Wednesday and earlier this week told the court it had been “unable to reach a unanimous verdict”.
McCallum asked them to continue trying to reach a unanimous decision on Tuesday and the jury has been deliberating since. It had spent another full day deliberating without result and was due to return on Thursday to continue its work.
Lehrmann is accused of raping Brittany Higgins in the early hours of 23 March 2019 in Parliament House. He pleaded not guilty to one count of sexual intercourse without consent.
