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Old 04-10-22, 06:32   #1
 
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Movies Bruce Lehrmann: Australia Parliament Rape Trial Abandoned

Bruce Lehrmann: Trial For Man Accused of Australian Parliament Rape Begins

The man accused of raping a colleague in Australia's Parliament House in Canberra has gone on trial.

Parliament security guard describes finding Brittany Higgins on night of alleged rape


BBC 4 OCT 2022.






Bruce Lehrmann (centre) arrives at court

Political staffer Bruce Lehrmann is charged with sexually assaulting Brittany Higgins on March 2019 in the office of a government minister.

Mr Lehrmann, 27, has pleaded not guilty and denies the pair had sex at all.



The trial in a Canberra court is scheduled to last up to six weeks and could call on a number of high-profile witnesses.

Opening their case on Tuesday, prosecutors said the alleged incident had happened after "a drunken night out" with colleagues.

Mr Lehrmann and Ms Higgins had stopped at Parliament House, where they both worked, and a "heavily intoxicated" Ms Higgins soon fell asleep on a sofa in a minister's office, the jury was told.

She awoke to find the accused's knee on her thigh and he was having sex with her, prosecutor Shane Drumgold said.

Mr Drumgold said Ms Higgins had cried throughout the alleged sexual assault, and had said "no" half a dozen times.

Her level of intoxication was also "relevant to her absence of consent, as well as the accused's recklessness", the Australian Capital Territory Supreme Court heard.

When telling a friend what had happened the next morning, Ms Higgins said she had been "barely lucid", the prosecutor said.

Opening the defence case later, Mr Lehrmann's barrister Steven Whybrow said Ms Higgins's account contained holes and inconsistencies.

"Mark Twain once said: 'Never let the truth get in the way of a good story.' And this case is the epitome of that phrase," he said.

He urged jurors to ignore previous media coverage of the case, saying his client denies having sex with Ms Higgins.

"He is entitled to that presumption of innocence," Mr Whybrow said.

Chief Justice Lucy McCallum warned jurors the case had received "a fair measure of media publicity" but that it was "very important" they put this out of their minds.








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Old 27-10-22, 06:47   #2
 
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Movies Re: Bruce Lehrmann: Australia Parliament Rape Trial Abandoned

Bruce Lehrmann: Australia Parliament Rape Trial Abandoned?? Over Juror Misconduct

The case of a former political adviser accused of raping a colleague inside Australia's Parliament House has been aborted after juror "misconduct".

BBC UK 27 OCT 2022






Bruce Lehrmann, 27, denies sexually assaulting Brittany Higgins on a government minister's sofa after a night out in Canberra in 2019.


He says they did not have sex at all.



But after a 12-day trial and five days of deliberation the jury was discharged when it emerged one member had looked at academic research on sexual assault.

Juries are required to reach a verdict only on evidence presented in the courtroom.

The research was discovered by a court official during "routine tidying" of the jury room, Justice Lucy McCallum told a court.

"It may be that no harm has been done, but that is not a risk I can take," the judge said, adding she had previously warned the jury at least 17 times.

It is not yet clear if there will be a retrial, but Justice McCallum set aside a date in February in the event one goes ahead.

Before giving her account to police in early 2021, Ms Higgins gave up her right to anonymity and went public with her claims in high-profile newspaper and television interviews.

Her allegations were a catalyst for what's been called Australia's "Me Too moment", sparking huge protests over the safety of women, particularly in politics.

Speaking outside court on Thursday, Ms Higgins criticised the justice system and said the trial had taken a toll.

"I told the truth, no matter how uncomfortable or unflattering, to the court," she said. "My life has been publicly scrutinised, open for the world to see."

Mr Lehrmann's legal team said they were disappointed by the outcome, but said it would be inappropriate to comment further.

They also argued "a pre-prepared speech" by Ms Higgins outside court could prejudice a future retrial, saying they had referred it to police and the court for investigation.

The trial heard that Mr Lehrmann and Ms Higgins worked in the same office - for then-Defence Industry Minister Linda Reynolds. On 22 March 2019 they both had drinks with colleagues and others.






Ms Higgins gave evidence in court for about a week


Ms Higgins said she was the most intoxicated she'd been in her life, after spending hours at two Canberra bars, before the pair shared a cab to Parliament House, the jury was told.

Ms Higgins says she fell asleep on a sofa in Ms Reynolds's office and woke to find Mr Lehrmann having sex with her.

In a police interview played to the jury, she said she had cried while telling Mr Lehrmann "stop" and "no".

She reported the alleged rape to police in the days afterwards but then did not proceed with her complaint because she was afraid she might lose her job, the jury heard.

Mr Lehrmann chose not to give evidence, but in a police interview that was played to the court said what was alleged "simply didn't happen".

His lawyer, Steven Whybrow, argued parts of Ms Higgins' evidence were "totally and utterly inconsistent".

"We can't be satisfied beyond a reasonable doubt that she knows what happened," he said.

The aborting of the trial comes two days after jurors told the court they had been unable to reach a unanimous decision but were asked by the judge to try again.

The prosecution and defence teams are yet to make arguments about whether the case should be retried.

If a retrial in February goes ahead, it will mark two years since Ms Higgins first went public with her allegations.

Her interviews last year reignited - yet again - criticisms of Australian politics as a hostile workplace.

It also sparked massive protests last year when more than 100,000 people gathered in towns and cities across Australia to voice their fury about sexism, misogyny and abuse in society.

It also led to a damning review which found that a third of employees in federal parliament had been sexually harassed.

There had been concerns that Mr Lehrmann might not get a fair trial because of the publicity, but an earlier application for it to be thrown out was rejected.


HISTORY FROM YESTERDAY:

Jurors in the trial of accused rapist Bruce Lehrmann have been told to reconsider the evidence after telling the judge they could not reach a verdict.

Mr Lehrmann, a former Liberal Party staffer, is accused of raping his then-colleague Brittany Higgins in a minister's office in Parliament House in 2019.

Mr Lehrmann has pleaded not guilty and says no sexual activity took place between the pair.

After more than four days of deliberating, the 12 jurors passed a note to ACT Supreme Court Chief Justice Lucy McCallum saying they could not agree on a unanimous verdict.



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