Brittany Higgins: How sheriff knocking over a file led to Bruce Lehrmann mistrial – How the trial of Brittany Higgins’ accused rapist was sensationally abandoned after a court sheriff accidentally knocked over a file in the jury room
- Brittany Higgins accused rapist’s trial was sensationally aborted on Thursday
- Judge made the decision after a juror brought a research paper into jury room
- A sheriff’s officer found the documents during routine cleaning of the jury room
Brittany Higgins: How sheriff knocking over a file led to Bruce Lehrmann mistrial
The trial of Brittany Higgins’ accused rapist Bruce Lehrmann was sensationally aborted after a sheriff officer carrying out routine cleaning of the juror’s room discovered prohibited documents.
On what should have been the jury’s seventh day of deliberations, Chief Justice Lucy McCallum dismissed the 12 jurors shortly after 10am on Thursday morning.
Justice McCallum said one of the sheriff’s officers accidentally bumped one of the jurors document folders onto the floor and found academic research papers about sexual assault.
Bruce Lehrmann had been standing trial, accused of the political staffer’s rape following a drunken night out in March 2019. He had pleaded not guilty.
Justice McCallum said: ‘It has come to my attention that one of you has undertaken research in relation to issues in the case and that material has entered the jury room which ought not to have.
‘I have heard an explanation and it may be that no harm has been done but that is not a risk I can take. I have discharged that juror and I have to discharge you all.
Brittany Higgins held hands with her boyfriend David Sharaz as she arrived at the ACT Supreme Court on Thursday
‘Can I please convey to you my sincerest gratitude to the hard work you’ve done in this trial.
‘With those remarks, you’re discharged and you are free to leave.’
The sensational development raises the prospect the case could be re-tried. It also came as Ms Higgins herself appeared in court for the first time since giving evidence.
Justice McCallum later explained why the jury was discharged.
‘During routine tidying of the jury room after the conclusion of the proceedings yesterday, one of the sheriff’s officers accidentally bumped one of the jurors documents folders onto the floor.’
The judge said the sheriff saw the title of an academic research paper. ‘The topic of the paper might be sexual assault.
Bruce Lehrmann arrives at the ACT Supreme Court in Canberra, Thursday, October 27
‘The matter was promptly brought to my attention. my associates identified what appeared to be the document in question.
‘In the circumstances, it is appropriate to regard that evidence with some scepticism.
‘During the course of the trial, I must have give the jury at least 17 warnings.
‘This is an unexpected and unfortunate outcome in this trial.’
Bruce Lehrmann had pleaded not guilty to one count of sexual intercourse without consent.
