The case against Bruce Lehrmann, the man who was accused of raping former Liberal party staffer Brittany Higgins at Parliament House, will be abandoned.
Key points:
- Bruce Lehrmann faced trial earlier this year over the alleged rape, but that trial was abandoned after juror misconduct was uncovered
- A retrial has now also been dropped after Director of Prosecutions Shane Drumgold found it would pose a risk to the life of the complainant, Brittany Higgins
- A friend of Ms Higgins’s said she was in hospital receiving treatment for mental health
ACT Director of Public Prosecutions Shane Drumgold announced this morning that the sexual assault charge against Mr Lehrmann would be dropped, due to an “unacceptable risk to the life of the complainant [Ms Higgins]”.
Mr Lehrmann had been accused of raping Ms Higgins, who was his colleague at the time, in an office at Parliament House in March 2019.
He faced trial over the alleged offence earlier this year, but the jury was discharged in October when misconduct by one of the jurors was uncovered.
A new trial date had been set for February 20, next year. That trial will now not go ahead.
During the first trial, Mr Lehrmann had pleaded not guilty to a single count of rape and denied that any sexual activity occurred.
Higgins ‘faced a level of personal attack not seen in over 20 years’: chief prosecutor
This morning, Mr Drumgold said he had received advice that had motivated him to drop the retrial.
“I have recently received compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant,” he said.
“The evidence makes it clear that this is not limited to the harm of giving evidence in a witness box, rather applies whether or not the complainant is required to enter a witness box during a retrial.”
He said he needed to “consider the harm that could be occasioned to a party, particularly a complainant, from an ongoing prosecution.”
“I have made the difficult decision that it is no longer in the public interest to pursue a prosecution at the risk of the complainant’s life,” he said.
“This has left me no option but to file a notice declining to proceed with the retrial of this matter, which I have done this morning. This brings the prosecution to an end.”
Mr Drumgold also said that Ms Higgins had “faced a level of personal attack” that he had “not seen in over 20 years of doing this work”.
He said Ms Higgins had done so “with bravery, grace and dignity”.
“It is my hope that this will now stop and Ms Higgins will be allowed to heal”.
While announcing the retrial would not go ahead, Mr Drumgold said he still had “a clear view that there was a reasonable prospect of conviction”.
But he said he had weighed the “pursuit of justice” against the public interest test of the potential harm caused by holding a second trial.
“Whilst the pursuit of justice is essential for both my office and for the community in general, the safety of a complainant in a sexual assault matter must be paramount,” he said.
Mr Lehrmann has consistently maintained his innocence and the case against him was not proven.
Brittany Higgins in hospital for treatment
Ms Higgins is currently receiving treatment in hospital, her friend Emma Webster said.
“Brittany is in hospital getting the treatment and support she needs,” Ms Webster said in a statement.
“The last couple of years have been difficult and unrelenting.
“While it’s disappointing the trial has ended this way, Brittany’s health and safety must always come first.
“Brittany is extremely grateful for all the support she has received, particularly from our mental health care workers.”