Warning: this article discusses sexual assault

The R v Bruce Lerhmann court case was called off after it was found out a juror had conducted their own research and taken it to the jury room. Ms Higgins has rejected a retrial, claiming that it would pose an “unacceptable risk” to her health.

It is alleged that Liberal staffer, Lerhmann sexually assaulted colleague, Higgins in the early hours of the morning of the 23^rd of March 2019 after a night out. Despite reporting this to the police, she chose not to place charges due to workplace demands caused by the announcement of a general election. However, after her resignation in 2021 she went public with her allegations against Lehrmann and criticised Parliament’s handling of the case.

The thrown out case ignited discussions on how current Australian criminal justice system consistently fails sexual assault survivors. In a statement on Instagram reported by SBS, Ms Higgin revealed her experiences during court proceedings. “I told the truth – no matter how uncomfortable or unflattering – to the Court. The outcome does not affect the truth. When I did speak up, I never fully understood our asymmetrical criminal justice system. But I do now.”

She also compared her experience with Mr Lehrmann’s experience during the trial.

“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.” He was not required to produce his telephone, his passwords, messages, photos and data. My life was publicly scrutinised, open for the world to see. His was not.”

Network Ten v Bruce Lehrmann

In 2021, Mr Lehrmann instigated an action in defamation against Network Ten and Lisa Wilkinson over an episode on The Project that aired an interview with Ms Higgins. The episode included imputations that she had been raped by a staffer in Parliament House two years before. Despite the fact that she did not specifically name Mr Lehrman by name, circumstances at the time implied that he was the perpetrator.

Network 10 and Ms Wilkinson responded with the defence of truth and qualified privilege which is a type of defence against court judges that allows an individual to make statements to another to protect their own legitimate interests. Thus, they must prove that the aired interview is in the public interest. The final verdict was to due to be announced on 4 April 2024; however in a twist, Channel Ten filed an interlocutory application 31 March 2024 (meaning that any party involved in the case is seeking an order before the final hearing), asking the Federal Court to reopen the case because they have new evidence to present. So, the trial continues with the date of the final hearing delayed by at least one week.

An interlocutory application is a very unusual practice, as the credibility of the defence lawyer’s case will be put under risk if the fresh new evidence falls short. However, Network Ten will need this new piece of evidence to successfully claim one of their defences.