A judge has dismissed a jury in the case against the man accused of raping Brittany Higgins due to potential juror misconduct.
A new trial has been set down for February 20 next year.
Ms Higgins made a statement to the media after the jury was dismissed.
“I chose to speak up,” she told reporters.
“Speak up against rape, speak up against injustice, to speak up and share my experiences with others.
“I told the truth no matter how uncomfortable or unflattering to the court. Today’s outcome does not change that truth.”
Chief Justice Lucy McCallum said it had been discovered a juror had undertaken some research in relation to the case which had entered the jury room.
“I have received evidence that at least one juror has had access to research material that was not provided to the jury during the trial,” Chief Justice McCallum said.
She said the sheriff’s office had inadvertently discovered evidence a juror had access to research material not provided to the jury.
During routine tidying, one of the sheriffs accidentally bumped one of the juror’s document folders onto the floor.
The chief justice said when the officer picked up the box, he noticed part of the title page of an academic research paper.
Upon further investigation it was discovered the topic of the paper was sexual assault.
The chief justice said the juror in question gave an explanation suggesting the document had not been used or relied upon.
However, she said it was appropriate to regard that evidence with some scepticism.
The juror was dismissed along with the rest of the jury, who the chief justice thanked for their time.
“It is beyond question the conduct of a juror is such to abort the trial.”
Bruce Lehrmann was being tried by the ACT Supreme Court, charged with sexual intercourse without consent.
He pleaded not guilty.
The jury was dismissed following a 12-day trial and had undertaken a little more than five days of deliberations.
Lehrmann will remain on bail and defence lawyer Steven Whybrow addressed the media outside court.
“We’re disappointed by what’s happened, but it would be inappropriate and irresponsible to say anything at this stage,” he told reporters.
Lehrmann remained silent.
On Wednesday, Chief Justice McCallum revealed details of Lehrmann’s previous attempt to delay or permanently halt the case.
Lawyers for the accused cited former prime minister Scott Morrison’s parliamentary apology to women as reason for a delay, arguing it disadvantaged his case.
The then-prime minister apologised directly to Ms Higgins – who was sitting in the public gallery – for the “terrible things” that had happened in parliament.
“The place that should have been a place of safety and contribution turned out to be a nightmare,” he said.
“I’m sorry for all those who came before Ms Higgins and endured the same. But she had the courage to stand, and so here we are.”
Chief Justice McCallum said the defence had argued the case was unique because Ms Higgins “walks into court with an aura about her” and that the problem this created was “incurable”.
She did not accept the application.
On Tuesday, the jury sent a note to the court indicating it was unable to reach a unanimous verdict on the rape allegation.
But the chief justice asked them to return to their deliberations, saying experience shows juries are able to reach a decision if given more time.
She asked them to calmly and objectively listen to each other’s opinions and try to reach a unanimous decision.
But she reminded them they could not join in a verdict if they did not “honestly and genuinely” think it was the correct one.
Ms Higgins alleges Lehrmann raped her in the parliamentary office of Linda Reynolds when they worked for her as defence industry minister in March 2019.
He denies any sexual interaction.
1800 RESPECT (1800 737 732)
Lifeline 13 11 14
Get all the latest Canberra news, sport, entertainment, lifestyle, competitions and more delivered straight to your inbox with the Canberra Daily Daily Newsletter. Sign up here.
