EXCLUSIVE
It is highly unlikely that Bruce Lehrmann will be prosecuted again for the rape of Brittany Higgins, but a second criminal case is not technically impossible.
One of the country’s most experienced criminal lawyers told WhatsNew2Day Australia he could not imagine the Federal Court finding Lehrmann had raped Ms Higgins, which would lead to more charges.
Lehrmann’s defamation action against Network Ten and journalist Lisa Wilkinson was decided by Judge Michael Lee on the balance of probabilities rather than the criminal standard of proving the allegations beyond a reasonable doubt.
Former NSW senior Crown prosecutor Ian LLoyd KC, who now practices as a defense lawyer, believed Lehrmann would not be tried again for raping Ms Higgins.
“I can’t imagine any prosecution trying him again,” Mr. Lloyd said. “I just can’t see it.”
It was highly unlikely that Bruce Lehrmann (above) would be prosecuted again for the rape of Brittany Higgins, but a second criminal case would be technically possible.
Lehrmann faced trial in October 2022 for having sex with Ms Higgins without her consent in Parliament in March 2019, having always denied raping his former political staff colleague.
That trial in the ACT Supreme Court was aborted due to jury misconduct and the territory’s then Director of Public Prosecutions, Shane Drumgold SC, later determined the case would be abandoned.
Drumgold said there was “compelling evidence” from medical experts that presenting the case to another jury would be “a significant and unacceptable risk” to Higgins’ life.
Lloyd said this would almost certainly be the end of the matter for Lehrmann.
“The bottom line is that a jury was dismissed and did not return a verdict of guilty or not guilty,” Mr. Lloyd said.
‘In theory, one could not say that it would be impossible to start another process.
“That said, people have gone on record saying there will be no further prosecution.”
One of Australia’s most experienced criminal lawyers said he could not see the Federal Court concluding that Lehrmann had raped Ms Higgins (above with her fiancé David Sharaz), which would lead to more charges.
After the trial was aborted, Ms. Higgins gave a speech outside court that many observers interpreted as her publicly stating that Lehrmann was guilty.
“I chose to speak out, speak out against rape, speak out against injustice, speak out and share my experiences with others,” she had said.
‘I told the truth, no matter how uncomfortable or unflattering that truth was.
“This result does not change that truth.”
Lehrmann’s lawyers referred those comments to the Australian Federal Police and the ACT Supreme Court.
Lloyd said the history of the case meant that if further criminal action was taken against Lehrmann it would likely be dismissed by the courts.
“The fact that plaintiff Brittany Higgins came out and said what she said after the jury was dismissed would almost certainly ensure that she would not be able to get a fair trial,” Mr. Lloyd said.
“In my experience, in all the circumstances of the case, if the prosecution attempted to retry him, a trial judge would almost certainly give him a permanent say in the proceedings, taking into account what had happened previously.”
Lehrmann is accused of raping another woman in Toowoomba, west of Brisbane, in October 2021 and has indicated he will plead not guilty.
The 28-year-old was charged with two counts of rape in January last year and will face a committal hearing on June 17 at Toowoomba Magistrates Court.