An Australian court has sacked a jury in the trial of a former government adviser accused of sexually assaulting a colleague in Parliament after claiming a juror had access to details that had not been presented as evidence.
Lucy McCallum, Chief Justice of the Australian Capital Territory High Court, said at least one juror had access to research that was not provided to her during the trial.
A bailiff inadvertently discovered that the jury had access to an academic research paper on sexual assaults, according to court documents.
The 12-day trial was over and the jury had been out for five days when they found him.
Ms McCallum said that although the jury made it clear that the document had not been used, the results should be treated with skepticism, which led her to dismiss the jury.
The court said a new trial would start on February 20.
A woman who was on the staff of former defense industry minister Linda Reynolds publicly stated that she was sexually assaulted in a parliamentary ministerial office in Canberra in March 2019.
The indictment rocked the former Scott Morrison-led government as it struggled to defuse public anger months before the general election amid reports of sexual abuse, discrimination against women and misconduct in parliament.
Morrison lost the May election to the centre-left Labor Party.
Defendant Bruce Lehrmann, accused of having sex without consent, has pleaded not guilty.
The high-profile rape case sparked protests across Australia and the abrupt ending sparked outrage from the alleged victim, who claimed she was treated as if she were the criminal.
Brittany Higgins, 27, said former Conservative staffer Lehrmann, 27, raped her on a sofa inside a government minister’s parliamentary office after a night of drinking in March 2019.
According to RTE, Ms Higgins sobbed as she spoke outside the courtroom after the miscarriage, saying she “told the truth, no matter how uncomfortable or unflattering to the court. I chose to speak up. To speak up and share my experiences with others. He never faced one question in court about his story and the criminal charges. I was required to surrender my telephones, my passwords, messages, photos and my data.”
In another twist, Lehrmann’s lawyers later reported Higgins’ comments to police, suggesting they could hurt a planned February retrial.
Mr. Lehrmann stridently asserted his innocence and pleaded not guilty to one count of sexual intercourse without consent.
The jury, made up of eight women and four men, had been deliberating for five days when Mrs McCallum dismissed them, declaring an “error of judgement”.
McCallum said court bailiffs found prohibited material, namely an academic paper on sexual assault, inside a juror’s briefcase.
She said they found it when “one of the officers accidentally bumped one of the juror’s document holders onto the floor. 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. It may be that no harm has been done, but that’s not a risk I can take… I have to discharge you all,” reported RTE.
Jurors are prohibited from bringing outside material into the courtroom and can only rely on what was heard during the trial.
In her parting remarks, Ms. McCallum urged the media to remember the tremendous pressure that the trial had placed on both the complainant and the accused.
“Reporting of this matter should fall silent, so that the accused should have a fair trial, and so that Ms Higgins should have some respite from the intense glare of the media,” reported RTE.
The allegations surfaced in early 2021 and, fueled by intense publicity and the global #MeToo movement, sparked a furious public backlash in Australia.
Shortly after it was broadcast, around 100,000 people marched in nationwide demonstrations against sexual violence.
Five separate investigations followed, collectively presenting a vicious indictment of the often sexist nature of Australian politics.
Ms McCallum described the case, seen in the Australian capital Canberra, as a “cause celebre” and warned the jury to ignore the storm of publicity.
Lehrmann’s lawyers unsuccessfully tried to postpone the trial after former Conservative Prime Minister Scott Morrison apologized to Higgins during a session of parliament.
Lawyers said the apology could sway jurors and jeopardize a fair hearing.
Two cabinet ministers from Australia’s former Conservative government were called as witnesses during the 12-day trial.
They were asked if political considerations played a role in keeping the allegations out of the public eye.
Senator Linda Reynolds, Higgins’ boss at the time of the alleged rape, denied training defense attorneys during cross-examination.
Prosecutors wondered if Ms. Reynolds was trying to help the defense team because the allegations were politically embarrassing.
Sen. Michaelia Cash, a former attorney general, told the court that covering up the case would be “political suicide.”
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