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A choose has dismissed a jury within the case towards the person accused of raping Brittany Higgins attributable to potential juror misconduct.
Chief Justice Lucy McCallum mentioned it had been found a juror had undertaken some analysis in relation to the case which had entered the jury room.
“I’ve obtained proof that at the least one juror has had entry to analysis materials that was not supplied to the jury through the trial,” McCallum mentioned.
She mentioned the sheriff’s workplace had inadvertently found proof a juror had entry to analysis materials not supplied to the jury.
Throughout routine tidying, one of many sheriffs by accident bumped one of many juror’s doc folders onto the ground.
The chief justice mentioned when the officer picked up the field, he seen a part of the title web page of an educational analysis paper.
Upon additional investigation it was found the subject of the paper was sexual assault.
The chief justice mentioned the juror in query gave a proof suggesting the doc had not been used or relied upon.
Nonetheless, she mentioned it was acceptable to treat that proof with some scepticism.
The juror was dismissed together with the remainder of the jury, who the chief justice thanked for his or her time.
“It’s past query the conduct of a juror is such to abort the trial.”
Lehrmann was being tried by the ACT Supreme Court docket, charged with sexual activity with out consent.
The jury was dismissed following a 12-day trial and had undertaken just a little greater than 5 days of deliberations.
A brand new trial has been set down for February 20 subsequent yr.
Attorneys for the accused cited former prime minister Scott Morrison’s parliamentary apology to girls as motive for a delay, arguing it deprived his case.
The then-prime minister apologised on to Higgins – who was sitting within the public gallery – for the “horrible issues” that had occurred in parliament.
“The place that ought to have been a spot of security and contribution turned out to be a nightmare,” he mentioned.
“I am sorry for all those that got here earlier than Higgins and endured the identical. However she had the braveness to face, and so right here we’re.”
McCallum mentioned the defence had argued the case was distinctive as a result of Higgins “walks into court docket with an aura about her” and that the issue this created was “incurable”.
She didn’t settle for the appliance.
On Tuesday, the jury despatched a observe to the court docket indicating it was unable to achieve a unanimous verdict on the rape allegation.
However the chief justice requested them to return to their deliberations, saying expertise reveals juries are in a position to attain a choice if given extra time.
She requested them to calmly and objectively pay attention to one another’s opinions and attempt to attain a unanimous determination.
However she reminded them they may not take part a verdict if they didn’t “actually and genuinely” assume it was the proper one.
Higgins alleges Lehrmann raped her within the parliamentary workplace of Linda Reynolds once they labored for her as defence business minister in March 2019.
He denies any sexual interplay.
1800 RESPECT (1800 737 732)
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