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It examines how the territory’s legal justice system dealt with Brittany Higgins’ rape allegation towards Mr Lehrmann.The inquiry was arrange by the ACT authorities final 12 months.It examines how the territory’s legal justice system dealt with Brittany Higgins’ rape allegation towards Mr Lehrmann.Mr Lehrmann, who denies the allegation, has all the time maintained his innocence.
This text comprises references to rape and sexual assault.
A juror who introduced in materials that derailed Bruce Lehrmann’s rape trial was the identical particular person the prosecution believed was holding out from reaching a responsible conviction, an unbiased inquiry has been advised.
The inquiry, arrange by the ACT authorities final 12 months, is inspecting how the territory’s legal justice system dealt with Brittany Higgins’ rape allegation towards Mr Lehrmann.
Mr Lehrmann, who denies the allegation and has all the time maintained his innocence, confronted a legal trial within the ACT Supreme Court docket final October.
A mistrial was declared after it was found a juror had undertaken their very own analysis in relation to the case and had taken the doc into the jury deliberation room.
The cost towards Mr Lehrmann was dropped.
Director of Public Prosecutions Shane Drumgold advised the inquiry on Thursday that from his observations in court docket on the time, there was one juror who was holding out however he believed the remainder of the jury was inclined to convict Mr Lehrmann.
Requested if the misconduct within the trial was dedicated by the identical juror who he had perceived as “holding out” from reaching a conviction, Mr Drumgold mentioned it was.
This was additionally a part of the explanation why Mr Drumgold initially sought to retrial the matter, however he finally dropped the costs towards Mr Lehrmann due to the affect a second trial would have on Ms Higgins’ psychological well being.
Earlier, the inquiry heard Mr Drumgold stroll again his allegations of political interference within the trial and say as a substitute there was a “abilities deficit” on the a part of police investigators which affected the case.
The prosecutor had beforehand advised the inquiry he was involved by “unusual occasions” over the course of the investigation and trial that led him to consider there was a political curiosity within the prosecution’s failure.
However on Thursday he mentioned on reflection and having learn submissions to the inquiry, he believed the police who investigated the matter had a abilities deficit.
Requested by inquiry chair Walter Sofronoff whether or not his suspicions about political interference stopping the case going forward had been incorrect, Mr Drumgold mentioned: “I do settle for that.”
“It was a cumulative impact and the unknown behind that, (however) statements that I’ve learn have given me the recognized behind that,” he mentioned.
“My present view, having learn all the police statements, is it was more than likely a abilities deficit on the a part of the investigators as a gaggle, together with senior police.”
Mr Drumgold mentioned there have been tensions between his workplace and police concerning the credibility of Ms Higgins however he believed lots of the factors raised by officers weren’t admissible in court docket.
This included a want by police to search out an knowledgeable who may give proof about Ms Higgins’ degree of intoxication on the night time of the alleged rape, he advised the inquiry.
“There isn’t a recognised discipline of experience of observing drunk individuals, you merely cannot do it,” Mr Drumgold mentioned.
He advised the inquiry police attitudes in the course of the investigation led him to consider that they had intentionally offered a short containing Ms Higgins’ counselling notes to Mr Lehrmann’s defence group however he now believed it was “most likely error”.
Mr Drumgold mentioned statements from police to the inquiry have involved him, significantly what officers consider are the usual of proof checks required to cost somebody.
“A few (officers) have enunciated some phrases that embrace ‘possible trigger’ which is a time period that one would possibly see on a police (tv) present as a result of it comes from a (US) constitutional modification,” he mentioned.
“Possible trigger just isn’t recognized to me, at the very least in Australian regulation, so evidently there’s a whole lot of phrases getting round (and) utilized in numerous codecs however it’s nonetheless very unclear what the precise check being utilized is.”
Officers from ACT Policing and the Australian Federal Police are anticipated to present proof to the inquiry, in addition to Mr Lehrmann’s defence lawyer and journalist Lisa Wilkinson.
If you happen to or somebody you already know is impacted by sexual assault, name 1800RESPECT on 1800 737 732 or go to . In an emergency, name 000.
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