Brittany Higgins: How sheriff knocking over a file led to Bruce Lehrmann mistrial

The trial of Brittany Higgins’ accused rapist Bruce Lehrmann was sensationally aborted after a court sheriff officer cleaning the jury room found prohibited documents.

On what should have been the jury’s seventh day of deliberations, Chief Justice Lucy McCallum on Thursday morning dismissed the 12 jurors in a shocking end to the four week trial.

In giving her reasons for the mistrial, Justice McCallum said one of the sheriff’s officers had been tidying up as usual after Wednesday’s proceedings when they accidentally bumped one of the juror’s document folders onto the floor. 

When the officer picked it up, they found what was later confirmed to be an academic research paper about sexual assault. 

‘During the course of the trial, I must have give the jury at least 17 warnings,’ she said.

Brittany Higgins held hands with her boyfriend David Sharaz as she arrived at the ACT Supreme Court on Thursday – not knowing what was about to occur

‘This is an unexpected and unfortunate outcome in this trial.’

Bruce Lehrmann had been standing trial, accused of the political staffer’s rape following a drunken night out in March 2019. He had pleaded not guilty to one count of sexual intercourse without consent.

Handing down her judgment, Justice McCallum said: ‘It has come to my attention that one of you has undertaken research in relation to issues in the case and that material has entered the jury room which ought not to have.

‘I have heard an explanation and it may be that no harm has been done but that is not a risk I can take. I have discharged that juror and I have to discharge you all.

‘Can I please convey to you my sincerest gratitude to the hard work you’ve done in this trial.

‘With those remarks, you’re discharged and you are free to leave.’

The case is now likely to be re-tried next year. 

Prosecutor Skye Jerome tried to impose bail conditions on Lehrmann not to contact Ms Higgins, her parents, or David Sharaz. 

He must also tell police where he is living, and notify them of any residential changes.

Ms Jerome requested he surrender his passport, which defence lawyer Steven Whybrow objected to.

Justice McCallum sided with the defence and granted Lehrmann bail, citing the likelihood the new trial would not commence for around four months. 

Rather that confiscating his passport, Justice McCallum ordered he submit any impending international itineraries to police two weeks in advance. 

Bruce Lehrmann arrives at the ACT Supreme Court in Canberra, Thursday, October 27

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