Read The Times Australia

Daily Bulletin

Why was the Lehrmann trial aborted and what happens next?

  • Written by: Ben Livings, Associate Professor of Criminal Law and Evidence, University of South Australia

The trial of Bruce Lehrmann, accused of raping former Liberal Party staffer Brittany Higgins, has been aborted after a juror was found in possession of material that had not been presented as evidence, against the judge’s specific directions.

This was not the first drama in the jury’s deliberations. On Tuesday, after more than four days of deliberating, the 12 jurors passed a note to ACT Chief Justice Lucy McCallum saying they could not agree on a unanimous verdict. The judge called the jurors back into the courtroom and encouraged them to keep working on a decision.

Today, however, she announced she had no choice but to discharge the jury due to a juror’s “misconduct”, which was apparently discovered when a member of the court staff noticed an academic research paper in one of the juror’s document holders that had been knocked to the floor.

Is this uncommon?

It’s not uncommon for juries to be discharged in circumstances where a juror decides to do their own unauthorised research, such as by photographing a crime scene, making their own enquiries, or planning to visit a place mentioned in evidence.

One of the more extraordinary cases of jury misconduct occurred in 1994 when a number of jurors in Britain deployed a ouija board to contact the victim of a murder. A new trial was ordered.

Interestingly, misconduct often comes to light when one juror approaches the judge about a fellow juror’s behaviour. It’s more difficult to know how common it is for extraneous research by a juror to go undetected, particularly given the veil of secrecy that surrounds jury deliberations.

In today’s hyper-connected world, it’s easy for a juror to access information, in this case an academic paper about the incidence of false complaints of rape.

Why are jurors not allowed to conduct their own research?

The role of the jury is to come to a decision based on the evidence before them. Juries are community representatives within the courtroom, whose job it is to determine questions of fact and apply the law to those facts to reach a verdict.

One might think that, in so doing, it’s inevitable individual jurors bring with them their own life experiences and moral values, and there is nothing wrong with that. Indeed, Justice McCallum told the jury in this case:

You are expected to use your common sense […] your understanding of human nature and your ability to judge people […] You are entitled to have regard to your understanding and experience of the nature of memory.

However, the jurors in the trial of Lehrmann sat through days of evidence, carefully presented and argued over by prosecution and defence counsel, and deemed admissible according to the rules of evidence.

The most important rule of admissibility is that the evidence is relevant to the case. Beyond relevance, evidence is subject to complex rules of admissibility, designed primarily to screen out material that’s unfairly prejudicial to the defence, and to protect vulnerable witnesses.

Examples include rules against the admission of hearsay, prior sexual experience of a complainant, or the “character” of a defendant. These rules are all the more important when it comes to emotive crimes like rape.

Given the complex nature of some of the evidence with which they are presented, and the “holes” in the trial narrative that might appear from the exclusion of potentially relevant evidence, jury members may be tempted to turn to outside sources in an attempt to increase their understanding of issues raised during the course of a trial.

The dangers of allowing such extraneous “research” are twofold. First, such evidence is not subject to the rules of admissibility alluded to above. Second, it is not subject to the rigours of cross-examination.

For these reasons, jurors are reminded again and again to come to a decision based solely on the evidence presented. It’s for this reason the jury in this case will have been instructed to disregard anything they may have read, heard or seen in the media about the case before they had been empanelled, and certainly not to undertake their own research.

Read more: Why was the Brittany Higgins trial delayed, and what is 'contempt of court'? A legal expert's view on the Lisa Wilkinson saga

What happens next?

The trial has been aborted and the jury has been dismissed. The judge granted Lehrmann bail until February 20, and set that as a provisional retrial date. The matter is now referred back to the Director of Public Prosecutions, Shane Drumgold. It’s a matter for him, ultimately, to determine whether to proceed with a retrial.

A retrial comes at considerable economic cost. What’s more, all of the witnesses will now be put through the same ordeal once again.

Despite the disruption caused by the errant juror’s behaviour, however well-meaning, the juror has committed no offence in the ACT. However, other jurisdictions deem juror contempt a serious criminal offence.

It remains to be seen what the next chapter in this protracted case brings.

Correction: this article previously stated that it’s unclear whether a retrial will be heard before a jury. This has been removed. ACT law requires the charge of “sexual intercourse without consent” to be heard before a jury.

Authors: Ben Livings, Associate Professor of Criminal Law and Evidence, University of South Australia

Read more https://theconversation.com/why-was-the-lehrmann-trial-aborted-and-what-happens-next-193382

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Your Dental Clinic Is Not Getting Enough New Patient Bookings From Google

Introduction SEO for Dentist is not just about getting a dental clinic to appear somewhere on Goo...

Low Water Pressure in Sunbury: Is the Problem Inside Your Home or Outside It?

Low water pressure is one of those problems that can send a homeowner in the wrong direction. A we...

4 Beige Rugs for Beautiful and Comfortable Wooden Flooring

Wooden flooring already brings warmth and character to a room, but a beige rug can make that found...

How to Fix Poor Subfloor Ventilation in Older Homes

Older homes have character, but many were built before today's ideas about moisture and airflow were...

Early Engagement on Instagram: What Those First Reactions Really Tell You

The first few hours after an Instagram post goes live are worth paying close attention to. A massi...

Why Preventive Care Matters for Heavy-Duty Equipment

Heavy-duty equipment is designed to operate reliably under demanding conditions and over extended ...

7 Natural Tips to Restore Shine and Softness to Dull Hair

Healthy, lustrous hair often feels like an unattainable dream when you are dealing with dry, brittle...

Buying Property with Someone else? Settle these Questions First

Buying a home with a partner, a sibling or a friend can make a purchase possible that neither of you...

How to Handle a Blocked Drain in Bribie Island Before Starting Deck Repairs

Planning an outdoor upgrade brings excitement, but building a beautiful timber deck requires caref...