Australia Parliament rape trial jury discharged over 'misconduct'

The case against a former political advisor accused of raping a colleague inside Australia's Parliament House has been dismissed, due to "misconduct" on the part of the jury.

Following a night out in March 2019, Brittany Higgins was allegedly sexually assaulted on the sofa of a government minister by Bruce Lehrmann. He claims they didn't engage in any sexual activity.

But after a 12-day trial and five days of discussion, the jury was expelled once it became known that one of its members had looked at academic material on sexual assault, which is against trial rules.

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"It may be that no harm has been done, but that is not a risk I can take," Chief Justice Lucy McCallum told a Canberra court.

As per Australian rules, a jury is expected to reach a judgement based on evidence presented in court, and not its own research.

Judge McCallum estimated that she had warned the jury about conducting their own research at least 17 times, and "probably much more" times.

A court representative found the academic paper after it fell off a table during "regular housekeeping" of the jury room.

Higgins waived her right to privacy before disclosing her narrative to authorities in early 2021 and went public with her allegations in prominent media and television interviews.

Her accusations served as the impetus for what has been dubbed Australia's "MeToo moment," which sparked protests and discussions about women's safety across the country and exposed a toxic work environment in Australian politics.

Higgins andLehrmann shared an office with then-Defence Industry Minister Linda Reynolds, the court heard during the trial. They both had beverages on March 22, 2019, with coworkers and other people.

After spending hours at two Canberra bars, Higgins claimed to be the most drunk she had ever been, the jury was informed. The two then shared a cab to Parliament House.

As the jurors watched CCTV footage of her and Lehrmann entering the premises, she was sobbing inside the courtroom.

In a police interview that was shown to the jury, Higgins said that she had slept off in Minister Reynolds' office before waking up to find Lehrmann having sex with her.

She admitted to crying to the cops. She said, "I told him no; I told him to stop."

Higgins could not have given consent to intercourse since she was "unconscious," according to the prosecution.

The jury heard that she initially reported the alleged rape to authorities in the days that followed, but she later withheld filing a formal complaint out of fear of losing her work.

Although Lehrmann declined to testify, he stated that what was alleged "just didn't happen" in a police interview that was played to the court.

Parts of Higgins' testimony, according to his attorney Steven Whybrow, were "completely and absolutely inconsistent."

Higgins arrived in court to see the case's demise but fled before the judge made her decision.

When they were informed that they were being discharged, a few jury members were very angry.

They informed the court on Tuesday that they had so far been unable to come to a unanimous decision, but the judge promptly ordered them back to continue discussing.

"Everyone is disappointed at what happened but it would be inappropriate and irresponsible to say anything at this stage," Lehrmann's lawyer told media outside the court.

The issue of whether Lehrmann should stand trial again has not yet been debated by the parties, but Justice McCallum scheduled a date in February just in case.

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