A secret attempt to prevent the man accused of raping Brittany Higgins from going to trial may be revealed after the judge lifts a non-publication order.
Bruce Lehrmann tried to quash his high-profile jury trial before it began by claiming he had faced harmful publicity, a court ruling said.
However, Chief Justice Lucy McCallum rejected the request to stay the case, according to a published ACT Supreme Court ruling in April.
Lehrmann’s legal team had filed a permanent residency application under his care – meaning he wanted the case to be fully settled. because the case got too much publicity and he wouldn’t be able to get a fair trial.
Failing that, he wanted a temporary stay.
Secret attempt to prevent man accused of raping Brittany Higgins (pictured) from trial may be revealed after judge lifts no-publishing warrant
The Chief Justice rejected the submission, but the… reason could not be released at the time because they were subject to a non-publication order.
However, the court confirmed that the order had been lifted on Wednesday evening.
Lehrmann is accused of raping Mrs Higgins in Parliament House after a night out in March 2019.
He pleaded not guilty to sexual intercourse without consent and is being tried in the ACT Supreme Court.
According to Justice McCallum’s published comments on April 29, Lehrmann’s former attorney John Korn argued that Ms. Higgins had “discussed” her allegations with the help of the media and the support of “famous people, including the Prime Minister.”
On April 29, John Korn, Lehrmann’s former attorney, argued that Ms Higgins had “discussed” her allegations with the help of the media and depicted the backs of “famous people, including then Prime Minister” Scott Morrison.
Bruce Lehrmann (pictured) charged with raping Mrs Higgins in Parliament House after a night out in March 2019
He referred to the moment in February this year when then Prime Minister Scott Morrison issued a historic apology to victims of sexual harassment and assault in government buildings.
Mr Morrison also immediately apologized to Ms Higgins for the ‘terrible things’ that have happened in Parliament.
Mr Korn told the court that Mr Morrison’s apology was “particularly blatant as the accused was found guilty of the crime, or at least implicitly assumed the truth of (Mrs Higgins)”.
He said the massive amount of publicity that came from the apology meant it would be “impossible to provide a full catalog of potentially harmful material.”
Also mentioned was the moment when Ms Higgins spoke at a ‘Women’s 4 March Justice’ on the lawn of Parliament House.
The moment Brittany Higgins spoke at a ‘Women’s 4 March Justice’ on the lawn of Parliament House (pictured) was also brought up
According to Mr Korn’s statement, she “blatantly invoked her own complaint as the truth” rather than as accusations.
It was also alleged that Ms Higgins addressed the National Press Club with former Australian of the Year Grace Tame, where they gave what were described at the time as ‘incredibly powerful speeches’.
During that speech, according to court documents, Ms Higgins said, “I was raped on a bank in what I thought was the safest and most secure building in Australia.”
The Chief Justice accepted that the complainant’s allegations were treated as true in some cases where she was publicly supported, and described the case as “unique.”
However, she did not accept that the matter had gone too far and dismissed Mr Korn’s arguments.
“Accepting that by far the bulk of the publicity is based on the complainant’s truth, I am not convinced that the case is beyond salvage,” she told the court.
“Certainly not to the extent that must be established to get a stay.”
Judge McCallum went on to say it was “unfortunate” that Ms Higgins’ credibility was the subject of public comment, pointing out that the Lehrmann had not been identified when the Liberal staffer made her allegations public.
Mr. Korn had also attempted to argue that the publicity of putting together an impartial jury would be an “impossibility.”
However, Judge McCallum said that “the mere fact that a member of the panel is aware of the publicity prior to the trial is not in itself problematic.”
“Most importantly, the trial judge takes steps to ensure that every potential juror feels capable of imparting an impartial hearing on the case.”
The chief judge was “not satisfied” with the arguments for permanent residence.
Mr Korn also requested a take-down order, meaning the defense wanted all stories about the case to be removed from the internet.
Brice Lehrman’s former attorney John Korn requested a “take-down” injunction, meaning the defense wanted all stories about the case removed from the internet
He also called for the media to be banned from publishing information about the accused.
However, Judge McCallum said, “It is a pious hope to instead regulate the media discussion of criminal proceedings with the imprecise instrument of suppression and non-publication orders, especially since the advent of the internet and social media.”
She also rejected the idea that the court “approves a free media for all.”
A jury of 12 deliberated for six days as to whether Lehrmann is guilty or not.
On Tuesday, they sent Judge McCallum a note to say they could not reach a unanimous verdict.
She asked them to go back to the jury room and reconsider, but they asked to get some for the day 40 minutes later.
Justice McCallum urged them to “relax, go to the gym or walk the dog or whatever you need to do to rest from this arduous task.”
At 4 p.m. Wednesday, they still hadn’t made a decision.
She reminded them that they are “all equals in the jury room” and told them to ask for help if they needed it.
The jury will meet again on Thursday at 10 a.m.
