"I was more concerned that the AFP would be involved with a security breach. Nationwide News Pty Ltd 2023. This public interest test is complex, and there are countless factors to be considered in making a determination. Professorial Fellow, University of Canberra. Neither Ms Wilkinson nor the Network Ten Senior Legal Counsel present at the conference with the DPP on June 15 2022 understood that they had been cautioned that Ms Wilkinson giving an acceptance speech at the Logie Awards could result in an application being made to the court to vacate the trial date, the letter said. This is an appalling and unfair outcome for both Brittany Higgins and Bruce Lehrmann. But we do need to respect the dignity and privacy of victim-survivors. Over the course of the trial, including multiple days of intrusive cross-examination about her every action in the days, weeks and months before and after the night in question, the media relentlessly reported on her every word. We submit she did not falter. Yet they were repeated in the media, often uncritically. He continued that this required him to consider the harm that could be caused to a survivor in pursuing prosecution. On Friday, Mr Drumgold announced that as far as the law was concerned, the entire matter is now over. He says they did not have sex at all. He has pleaded not guilty to one count of sexual intercourse without consent. Lawyers for Bruce Lehrmann, who has pleaded not guilty to sexual intercourse without consent, made their closing arguments on Wednesday. Newcastle is the largest coal port in the World. "[I] lined it up so mum would get my super," he said. Another trial had been due to start early in the new year. Bruce Lehrmann was accused of raping Brittany Higgins in the office of their then-boss Linda Reynolds in Parliament House in 2019. Drumgold urged the jury to consider the evidence of those who knew Higgins closely, who say they witnessed a marked change in her demeanour in the aftermath of the alleged rape. According to the defence, Ms Wilkinson was informed and understood the matters were reviewed by more than one lawyer, a number of times, prior to broadcast. This had left him with no option but not to proceed with a retrial. Once her job was secure, the defence says, she told police in 2019 that she was no longer interested in pursuing the complaint. Mr Lehrmann's legal team has asked for an extension for a one-year limitation for bringing on defamation claims, due to the interview with Ms Higgins being broadcast in 2021. That is because it is an offence in Australia to reveal the deliberations between jurors in a jury room. Bruce made waves in 2022 when Brittany Higgins accused him of sexual assault. A legal expert's view on the Lisa Wilkinson saga, Making change, making history, making noise: Brittany Higgins and Grace Tame at the National Press Club. The bruising fallout from Ms Wilkinsons Logies speech resulted in a delay to the criminal trial. He said the case against Mr Lehrmann was not about political parties, workplace cultures or whether Parliament House responded to reports of a security breach appropriately. Mr Lehrmann then discussed with police what happened in the following week. Abandoning the trial of Bruce Lehrmann for the alleged rape of Brittany Higgins is an appalling and unfair outcome for all involved - the justice system included. He was formerly the Dean of Law at the UniSA Law School. Jurors are forbidden from doing their own research, as each case must be decided only on the evidence presented in court. must go public about what they know about Mr Lehrmann and why they failed to register him as a missing person. Find out more about our policy and your choices, including how to opt-out. The judge, chief justice Lucy McCallum, will sum up the case to the jury before they begin their deliberations on Wednesday afternoon. The occurrence of microplastics (MPs) in aquatic environments has been a global concern because they are toxic and persistent and may serve as a vector for many legacies and emerging pollutants. The meeting lasted approximately six hours and was recorded. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. The only reason cited for not proceeding with the second trial was out of concern for Ms Higgins. Lecturer in Criminology and Criminal Justice, Swinburne University of Technology. Could it be that the sudden disappearance of that page could indicate a sudden resignation from the firm of Parker and Partners. His chief-of-staff Fiona Brown says Lehrmann told her that he was there to drink whisky. Bruce once worked for Canberra PR firm Parker & Partners. What concerns me most about this recent round is that the distinction between an allegation and a finding of guilt has been completely obliterated The implicit premise of [the speech] is to celebrate the truthfulness of the story [Ms Wilkinson] exposed.. Only a few years have passed since he entered politics. There were rumours that he had returned to Texas to be with his parents. When prosecutions are withdrawn, it is usually because of added information or even submissions by the defence which make a conviction unlikely. He also condemned in the strongest terms the attacks Higgins has had to endure. Rick Sarre is Emeritus Professor of Law and Criminal Justice at the University of South Australia and an Adjunct with UniSA: Justice and Society. The evidence makes it clear that this is not limited to the harm of giving evidence in a witness box, rather [it] applies whether or not the complainant is required to enter a witness box during a retrial. Bruce The jury has heard it defies common sense that anything Ms Higgins said or did two years after the alleged assault in 2020 could impact the credibility of what she said or did back in 2019. Mr Lehrmann's trial has run for two weeks and hearings are expected to continue for another week. He engaged in intercourse with Higgins and left her there on her own at about 3am, effectively naked and in an intoxicated state, the legal filing states. Search; Books & Media; Articles; Databases; Journals; Theses and Dissertations; NC State Publications A legal expert's view on the Lisa Wilkinson saga. media relentlessly reported on her every word, Why was the Brittany Higgins trial delayed, and what is 'contempt of court'? Rape myths refer to widely held, hard-to-change and incorrect views about rape, survivors, and those who commit the crime. University of Canberra provides funding as a member of The Conversation AU. In June he had formed a clear view that there was a reasonable prospect of conviction and this is a view that I still hold to date, he said. This bloke is being protected at a very high level." The risk to Higgins life means prosecution is not in the public interest. Former political staffer Bruce Lehrmann is charged with sexually assaulting Brittany Higgins in . They inform societys response to sexual violence including that of the criminal justice system. She would have had to repeat all of her evidence in front of a new jury and would have been cross-examined in the same way. Parker & Partners has been building productive relationships between our clients, the public and Australian governments since 1998. "@PaulinePoulter @SuxHypocrisy @LyndaFrench19 @BethanyinCBR How very interesting. A re-trial was ordered and had been set down for February 20 next year. Mr Drumgold described Ms Higgins as a credible witness, telling the jury that her story and the evidence provided by her has remained consistent over the years. "She has done so with bravery, grace and dignity and it is my hope that this will now stop and Ms Higgins will be allowed to heal., Copyright 20102023, The Conversation Media Group Ltd, Committee Member - MNF Research Advisory Committee, PhD Scholarship - Uncle Isaac Brown Indigenous Scholarship, Associate Lecturer, Creative Writing and Literature. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/rape-trial-shown-bruce-lehrmann-police-interview/101530814, Get breaking news alerts directly to your phone with our app, Guard found Brittany Higgins 'naked in foetal position', China leaving US behind on development of critical technologies, report finds, Former minister takes 'absolute responsibility' for Robodebt, admits defending scheme despite knowing it could be unlawful, 'Sickening, callous and brazen': Sydney man dies in hail of bullets in front of 12yo son, Evelyn worked three jobs when she was in her 20s to build up her super. Lehrmann denied the allegation. During his closing argument on Tuesday, Mr Lehrmanns lawyer, Steven Whybrow, offered the jury examples of where he believed Ms Higgins had not been truthful in her evidence or had thrown people under the bus. "Don't work for recognition, but do work worthy of recognition" #JimRohn 5 Star Reviews be like Endless feed Follow Like. Bruce Lehrmann, 27, denies sexually assaulting Brittany Higgins on a government minister's sofa after a night out in Canberra in 2019. A hurdle Mr Lehrmann must jump over is whether his lawyers succeed in asking the court to extend a one-year limitation period on submitting a defamation claim. Australian Liberal Party political adviser Bruce Lehrmann, 27, was born in June 1995. Drumgold said the true reason for the visit was that he had either wanted to continue partying after a night out at Canberra bars, or that parliament was the easiest way to get Higgins alone. Lehrmann is accused of raping Higgins on a couch in the office of their then minister, Linda Reynolds, after returning to parliament following a night of drinking in Canberra bars in March 2019. He pointed the jury to claims Ms Higgins made under cross examination about what happened after she decided to go to the media with her allegations. In 2018 he worked in Bridget McKenzie's rural health department. She said it increasingly became not about me or my story and more about who would win journalism awards. The defence document filed by Ms Wilkinsons barrister Sue Chrysanthou SC said it will prove Mr Lehrmanns conduct amounted to rape. The defence concluded that after fact-checking and a review of the matters by an experienced team of news and current affairs professionals, Wilkinson understood there was a consensus Ms Higgins was a credible witness. Lehrmann may feel he is back to square one in the eyes of many guilty until proven innocent, despite what the law says. In South Australia there have been majority verdicts (10 or 11 out of 12 jurors after four hours of deliberations, except in murder trials) since 1927 and they have worked successfully for almost a century. Although this does NOT locate the missing Staffer with certainty. They were British imperialists used genocide and 85,000 convict slaves to conquer lutruwita. Required fields are marked *. There is no evidence other than Ms Higgins and the extent to which her subsequent statements, demeanour to other people, assists you in accepting what she says. Earlier this week, the court was shown video of Mr Lehrmann's interview with police, two years after the alleged assault. Two clear lessons from the abandoned Bruce Lehrmann trial. For the one in five women and one in 20 men in Australia who experience sexual violence in their lifetime, this view into the criminal justice system and into the reporting of sexual violence has sent a clear message in Australia, its the survivors on trial. Whybrow asked the jury, in assessing Higgins credibility, to consider how they might react to the demeanour of a con artist. On Tuesday, prosecutor Shane Drumgold SC told the court Higgins had presented as a genuine, honest and credible witness, whose allegations about the rape had remained consistent in her complaints to colleagues, friends, family, police and the court in the three years since the alleged rape. She said she was pretty out of it and taking a lot Valium at this point because she wasnt coping, with Mr Sharaz making the decision to provide the timeline to two journalists on background. Evolution, Creationism and Why I Am an Atheist, Thoughts at the Marriage of Christian Friends, Julie Isabel Bishop, Loyal Deputy and Foreign Minister. He only entered politics a short time ago. Its a highly unsatisfactory result for all; Higgins, Lehrmann and the justice system. This may be the reason the Our People Page was withdrawn. Only a few years have passed since he entered politics. Tragic human error to blame for Greece train tragedy, Labor tipped for NSW election victory as leaders go head to head, Stuart Robert admits to making false statements to support robodebt scheme, Help me, dads been shot: Grim details from Sydney gym shooting, Watch: Super tax attack, Accused killer to Qld, Sweltering renters, Hundreds of schoolgirls targeted in mass poisoning, Remote NT communities isolated by tropical low, Libs fight super tax despite little sympathy for rich, Man dead after being gunned down outside Sydney gym, Baseless and unjustified: Defiant Lisa Wilkinson lays out defamation defence, Hundreds airlifted as flooding hits remote NT communities. Matter is now over Lehrmann, who has pleaded not guilty to sexual intercourse without.. S rural health department demeanour of a con artist the AFP would be involved with retrial. Not have sex at all locate the missing staffer with certainty it up mum! 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