The trial of a man accused of sexually assaulting Brittany Higgins inside Parliament has been delayed following a “disregarded” speech by Lisa Wilkinson’s Logie Awards.
It has been revealed that the media personality delivered his speech on Sunday although he was warned that commenting publicly on the upcoming rape case could delay the trial.
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Bruce Lehrmann is accused of sexually assaulting a Higgins Liberal Party colleague inside a Parliament office in 2019.
He was to be tried in the ACT Supreme Court next week for alleged rape.
He pleaded not guilty.
The trial of a man accused of sexually assaulting Brittany Higgins inside Parliament has been delayed following a speech by Lisa Wilkinson’s Logie Awards. Credit: Instagram
Justice President Lucy McCallum told the court on Tuesday that recent media publicity had undermined Lehrmann’s right to a fair trial.
“As a result, the case has attracted a level of media attention … which, while not unprecedented, is certainly extreme,” the chief justice said on Tuesday.
“Extensive media reports of alleged criminal conduct are not bad in themselves.
“What is a possible passage is for the media to report on these issues in such a way … that they affect the criminal case.”
Judge McCallum told the court he left the trial dates “with his teeth set” after Lehrmann’s defense team requested a temporary stay following Wilkinson’s speech and the publicity surrounding him.
“Unfortunately, however, recent (speech) advertising is changing, in my view, the landscape,” he said.
“Because of its immediacy, its intensity and its ability to erase the important distinction between an allegation that remains unproven in law.
“For these reasons, unfortunately and with clenched teeth, I have concluded that the date of the June 27 trial to which the parties have been carefully directed should be set aside.”
Lisa Wilkinson won a Lodge for her interview with Brittany Higgins. Credit: New
Judge McCallum told the court that Wilkinson had spoken with Attorney General Shane Drumgold on June 15 to discuss the evidence he would give at trial.
At that meeting, Wilkinson said she had been nominated for a Lodge for her report of Higgins’ allegation to The Project last year.
The TV star was warned not to comment publicly on Higgins’ case, as it could delay the trial.
Despite the warning, Wilkinson took to the stage after winning the award for Most Outstanding News Coverage or Public Affairs Report.
Wilkinson delivered the speech even though he was warned not to. Credit: Getty Images
Judge McCallum told the court on Tuesday that the subsequent speech and publicity left him with no choice but to delay the trial.
“Despite this clear and appropriate warning, upon receiving the award, Ms. Wilkinson delivered a speech in which she referred openly and praised the complainant in the present trial,” Judge McCallum said.
“It is not surprising that the award and the content of the speech have been the subject of further comment.”
Lisa Wilkinson’s Logies speech could be investigated
The president of the Australian Bar Association, Matthew Collins, said Wilkinson could be investigated and could face legal consequences for the speech.
“Certainly, the authorities may be looking at the speech he made in the Lodges and evaluating it to the standard that applies in this branch of the law,” the lawyer told Sunrise on Wednesday.
“That rule is, did something she did tend to interfere with the administration of justice?”
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Collins said Wilkinson’s speech was “ill-advised” and that a veteran of the media should have known better.
“Hopefully, whenever the media is considering publishing a story about a serious criminal trial that is about to begin, they would be in tune with the potential risks,” he added.
“The mainstream media understands the inherent risk of talking about cases that are about to go to trial, especially high-profile serious cases.
“It simply came to our notice then.
“The concern is that potential jurors whose job it is to enforce the presumption of innocence and focus on trial evidence may be influenced by things they have been exposed to in the media and on social media.” .
A new hearing will be held on Thursday to determine when a new trial date can be set.
Lehrmann’s defense team said it wanted the trial to go ahead at a time that was fair to its client.
“The delay in the current trial will not serve anyone,” said Lehrmann’s lawyer, Steve Whybrow.
“[Lehrmann] He has no interest in delaying the trial, but he wants it to be a fair trial. “
Bruce Lehrmann is accused of sexually assaulting a Higgins Liberal Party colleague in a parliamentary office in 2019. Credit: Instagram
Judge McCallum said the important publicity had now “blurred” the distinction between a complaint and a guilty plea.
“The general public believes that guilt is established. The importance of the rule of law has been zeroed.”
He told the court that while instructions can be given to jurors to mitigate prejudice, this case was different, as Wilkinson was a key witness.
A spokeswoman for Network 10 acknowledged the judge’s decision in a statement on Tuesday.
“Both Network 10 and Lisa Wilkinson take their legal obligations very seriously, including the preparation and presentation of their speech at the Logies event,” the spokeswoman said.
“In view of the ongoing proceedings, it would be inappropriate to comment further at this time.”
– With AAP