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The trial of accused Brittany Higgins’ rapist, Bruce Lehrmann, was sensationally aborted after a court sheriff’s officer cleaning the jury room found prohibited documents.
On what should have been the seventh day of jury deliberation, Chief Justice Lucy McCallum dismissed the 12 jurors Thursday morning in a shocking end to the four-week trial.
In giving her reasons for the mistrial, Judge McCallum said one of the sheriff’s officers was cleaning up as usual after Wednesday’s proceedings when they accidentally knocked one of the juror’s file folders on the floor.
When the officer picked it up, they found what was later confirmed as an academic research paper on sexual assault.
“During the trial, I must have given the jury at least 17 warnings,” she said.
Brittany Higgins held hands with boyfriend David Sharaz as she arrived at the ACT Supreme Court on Thursday – not knowing what was going to happen
“This is an unexpected and unfortunate outcome in this process.”
Bruce Lehrmann was on trial charged with raping the political staffer after a drunken night out in March 2019. He pleaded not guilty to one count of unauthorized sexual intercourse.
Judge McCallum delivered her verdict, saying: “It has come to my attention that one of you has been investigating matters in the case and that material has entered the jury room that should not have happened.
“I’ve heard a statement and it may be that no damage has been done, but that’s not a risk I can take. I fired that juror and I have to fire you all.
“Can I please convey my sincere gratitude for the hard work you have done in this process.
“With those comments, you’re fired and you’re free to leave.”
The case is now likely to be tried again next year, with Justice McCallum indicating the trial will be rescheduled for February 20, 2023.
Prosecutor Skye Jerome tried to impose bail conditions on Lehrmann not to contact Ms Higgins, her parents or David Sharaz.
He must also tell the police where he lives and notify them of any changes to the property.
Ms Jerome asked him to surrender his passport, to which attorney Steven Whybrow objected.
Bruce Lehrmann arrives at the ACT Supreme Court in Canberra on Thursday, October 27
Justice McCallum sided with the defense and granted Lehrmann bail, citing the likelihood that the retrial would not begin for about four months.
Rather than confiscate his passport, Judge McCallum ordered that he file all threatening international routes with police two weeks in advance.
Judge McCallum reminded the court that it is important to ensure that the accused receives a fair trial.
“As I’ve said many times in court, the accused is just that. He is a person who is accused and will never be convicted of a crime,” she said.
“The fairness of his trial will be compromised or jeopardized if people continue to report on this case at the frequency reported in this process.
“After today, coverage of the case should be silent so that the accused can receive a fair trial and Ms. Higgins can get some reprieve from the intense media scrutiny that has been ubiquitous throughout this trial.”
Justice McCallum praised the legal staff for their work during their case and said they all “behaved exemplary.”
“Thank you all for the way you led this process,” she said.
In an emotional out-of-court speech, Ms. Higgins claimed the lawsuit was unbalanced.
“I had to hand over my phones, my passwords, messages, photos and my data to him. He was under no obligation to show his phone, his passwords, messages, photos or his data,” she said.
My life has been scrutinized publicly, open for the world to see. It wasn’t him.’