Tom Percy wants more judge-alone trials as health of Brittany Higgins prevents rape retrial
The retrial of Bruce Lehrmann for the alleged rape of former Liberal staffer Brittany Higgins will not go ahead, with the ACT Director of Public Prosecutions Shane Drumgold saying the decision was made after advice that a second trial could pose an “unacceptable risk” to Ms Higgins’ mental health.
“I have recently received compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant,” he said.
Eminent Perth KC Tom Percy told Gary Adshead on 6PR Mornings that he would have liked to have seen a judge-alone trial in the ACT case.
Press PLAY to hear from Drumgold and then top Perth barrister Tom Percy KC on Mornings
“In light of the compelling independent medical opinion and balancing all factors, I have made the difficult decision that it is no longer in the public interest to pursue a prosecution at the risk of the complainant’s life.
“During the investigation and trial as a sexual assault complainant, Ms Higgins has faced a level of personal attack that I have not seen in over 20 years of doing this work.
“She has done so with bravery, grace and dignity and it is my hope that this will now stop and Ms Higgins will be allowed to heal.”
Mr Lehrmann categorically denies sexually assaulting Ms Higgins and has always maintained his innocence.
The original trial in October was aborted by the ACT Chief Justice before the jury reached a decision, because of misconduct of a juror.
Chief Justice Lucy McCallum said one jury member had brought an academic paper to the jury room despite instructions not to conduct research outside the trial.