Bruce Lehrmann sexual assault charge dropped with retrial abandoned, prosecution confirms

A new trial date had been set for early next year after juror misconduct was uncovered in October, but this will no longer go ahead.

A man wearing a suit, tie and glasses standing

Former Liberal Party staffer Bruce Lehrmann was accused of sexual assault. Source: AAP / Mick Tsikas

This story contains allegations of sexual assault and may be distressing to some readers.

Attempts to prosecute Bruce Lehrmann, who was accused of raping Brittany Higgins, have been abandoned.

ACT Director of Public Prosecutions Shane Drumgold on Friday morning confirmed it would not pursue a second trial – that had been set for February next year - of Mr Lehrmann, over concerns for Ms Higgins’ welfare, with the charges dropped.

Mr Drumgold said he still believed there was a reasonable chance of conviction but, after receiving medical advice, was concerned a second trial could pose a “significant and unacceptable harm to the life of the complainant”.

“Ms Higgins has faced the level of personal attack that I've not seen in over 20 years doing this work,” Mr Drumgold said.

“She's done so with bravery, grace and dignity. And it is my hope that this will now stop.”
A statement from Ms Higgins’ friend Emma Webster said she is in hospital “getting the treatment and support she needs”.

“The last couple of years have been difficult and unrelenting,” Ms Webster said in the statement.

“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.”

Mr Lehrmann was accused of raping fellow Liberal Party staffer Ms Higgins at Parliament House in 2019, and faced one charge of sexual intercourse without consent.

He denied the allegations and pleaded not guilty, and said the pair had no sexual contact.
A woman standing outside.
A friend of Brittany Higgins (pictured) said she is in hospital “getting the treatment and support she needs”. Source: AAP / Mick Tsikas
The original trial was aborted in October over juror misconduct, after revelations one juror brought material that was not part of the case into the jury room.

Had the second trial proceeded, Ms Higgins would have been forced to undergo testimony once again.

The ACT government is pushing to alter the law, allowing testimony delivered by a rape accuser to be played at any subsequent trial.

But the change is not scheduled until the new year, meaning it would not have come into effect by the time Mr Lehrmann faced court again.

Speaking after the first trial was aborted, Ms Higgins said the legal system was stacked against alleged rape victims, and she understood why some had referred to the case as “the Higgins trial”.

“I don’t blame you because it’s very clear who has been on trial,” she said at the time.

If this story has raised any issues for you, there is help available at Lifeline on 13 11 14.

If you or someone you know wants to talk about sexual assault or harassment, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit . In an emergency, call 000.

A previous version of this article contained a transcription error in ACT Director of Public Prosecutions Shane Drumgold's quote which has since been amended.

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Published 2 December 2022 10:05am
Updated 13 December 2022 3:56pm
By Finn McHugh
Source: SBS News



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