Current The Alleged Rape of Staffer Brittany Higgins at Parliament House

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Kwality

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Wasn't BRE found guilty by a judge and not a jury? Or am I mistaken?

To my knowledge a defendant has the right of election - either judge or jury trial in the case of serious (indictable) offences. In Australia you don't have a right to jury trial for summary offences, whereas in the USA I believe it can be any dispute of $20 or more.

I'd say the decision will come down to backdoor connections in Canberra. You'll get Scomo spouting "rule of law" again after the A-G debacle.

Edit: This on BRE:

I'm on a different tram with Justice McCallum, how a person pleads isnt in the discussion, nor is the jury an issue.

This might assist you: Lawyers for man accused of raping Brittany Higgins seek to stop media reporting, halt case
&

Backdoor connections in Canberra you suggest, wonder how long you would last in Ms McCallums court room :rolleyes:
 

Kwality

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Has anyone received the letter from Lehmann's legals yet?

'Mr Lehrmann’s barrister, David Campbell, SC, told the ACT Supreme Court his client’s lawyers would be writing to various media outlets seeking their co-operation to take down various articles referring to the allegations and would be asking for court orders if they didn’t consent.'

“We propose to write to the media today, or at worst tomorrow and give them seven days,” Mr Campbell said. “It is likely we wouldn’t have universal assent from the media for a take-down.”

However, media lawyer Justin Quill said it was “entirely unnecessary and inappropriate” for such an order to be made.'

'The matter will return to court on April 1.'

Result was expected yesterday Thu.

Was listed as 'a mention' but no media that I've been able to see.
 

Angry Red Bull

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I don't know if he is guilty of a rape or not. What I do know is that having BH or Scomo centrestage and giving speeches about her sexual assault is highly prejudicial to any fair trial. Pretty disgraceful really using media as a device to further a cause that needs to be determined ONLY in court. What? Is this the next stage of the metoo pendulum swing? We won't worry about trials just have accusations and send them straight to jail cutting out the middleman........ you know a judge and jury.
 

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utility

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I don't know if he is guilty of a rape or not. What I do know is that having BH or Scomo centrestage and giving speeches about her sexual assault is highly prejudicial to any fair trial. Pretty disgraceful really using media as a device to further a cause that needs to be determined ONLY in court. What? Is this the next stage of the metoo pendulum swing? We won't worry about trials just have accusations and send them straight to jail cutting out the middleman........ you know a judge and jury.
Yeah that "rule of law" and "no comment as it is with the courts" thing for Christian Porter was quickly forgotten about.
 

Kwality

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Yeah that "rule of law" and "no comment as it is with the courts" thing for Christian Porter was quickly forgotten about.

This is a criminal case.
 

utility

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BFew

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As Inspector Grim once said

"cause you know what'll happen Raymond, don't you - it'll be your cock up - *******!"

The cock up in this case, being what someone at the AFP appears to have done or not done.

The Thin Blue Line: 1995


'shortly after receiving the USB, I opened the stick, and simply saw by name the Folders of Items listed on the stick. It seemed to me from what I saw, that it did not look like a DPP Prosecution Brief, certainly not in the form that I'm used to seeing here in the New South Wales District Court system. I took the view that it looked like, what I might term, an Investigators Brief, and my intention was to wait and see what Brief would be served by the ACT Directors Office."'

'In response to the DPP's demands to know who had made the decision to hand the brief directly to the defence, the AFP informed the DPP of the policeman's name and said "his reason for this decision and direction are as follows:

  • "The brief of evidence had been assessed by the ACT DPP
  • "The investigation had been independently reviewed
  • "There was a desire to expedite the matter
  • "There was a requirement to implement efficiency in the COVID-19 environment"'
 

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jason_recliner

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This whole thing is one great big custerfluck. Hope he can still be prosecuted after Scummo's public comments and now this.
 

Angry Red Bull

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Ms Higgins today informs us.



Every time I now hear the names Brittany Higgins or Grace Tame I get a nervous tick. Not a comment on the veracity of either assault but gee they know how to crank up.

Sounds like a police officer will now be demanded to be sacked as next target. Mind you handing over her sex assault counselling notes is pretty sizable stuff up.

You have to wonder if it was intentional by police.
 

BFew

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  • "The brief of evidence had been assessed by the ACT DPP
  • "The investigation had been independently reviewed
  • "There was a desire to expedite the matter
  • "There was a requirement to implement efficiency in the COVID-19 environment"'
No idea what the first 2 indicate.

The last 2 appear to be saying, because of COVID and tight deadlines, he took a shortcut.

Hopefully just a process or quality control failure, involving some rookie who had no idea what they were doing, was not trained properly or inadequately supervised and quality controlled.
 

Angry Red Bull

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No idea what the first 2 indicate.

The last 2 appear to be saying, because of COVID and tight deadlines, he took a shortcut.

Hopefully just a process or quality control failure, involving some rookie who had no idea what they were doing, was not trained properly or inadequately supervised and quality controlled.

Yes my thought exactly.

Kind of like come on we're busy people you know lol

Investigative Interview and counselling sessions BOTH could have material affect to prosecution. Hence my question was it intentional

I was once friends with a former police officer. I was horrified about what he told me about police. They virtually decide guilt or innocence themselves and corrupt cases to desired outcomes. If counselling sessions and prosecution interview were in the police brief I suspect it may have been intentional and there was something police took issue with..
 

Big_Birdy

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Yes my thought exactly.

Kind of like come on we're busy people you know lol

Investigative Interview and counselling sessions BOTH could have material affect to prosecution. Hence my question was it intentional

I was once friends with a former police officer. I was horrified about what he told me about police. They virtually decide guilt or innocence themselves and corrupt cases to desired outcomes. If counselling sessions and prosecution interview were in the police brief I suspect it may have been intentional and there was something police took issue with..

The counselling session is pretty neither here nor there in regards to the case. The defence is entitled to a transcript regardless, and audio upon request. Doubt having the video too would make much material difference.

In the end, the defence counsel has expressed he did not view the files, and gave a fairly reasonable explanation as to why. That will most likely be the end of the matter for the case.

Perhaps not for the officer though…
 

Kwality

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Yes my thought exactly.

Kind of like come on we're busy people you know lol

Investigative Interview and counselling sessions BOTH could have material affect to prosecution. Hence my question was it intentional

I was once friends with a former police officer. I was horrified about what he told me about police. They virtually decide guilt or innocence themselves and corrupt cases to desired outcomes. If counselling sessions and prosecution interview were in the police brief I suspect it may have been intentional and there was something police took issue with..

Its not VicPol but something police took issue with ...

When the ends do not justify the means​

The commission found evidence of “systemic failure in Victoria Police” and

a pervasive and negative cultural emphasis, led from the top down, on getting results, with insufficient regard to the serious consequences for the rights of individuals and the proper administration of the criminal justice system.
Even after the High Court blasted the Victoria Police for “reprehensible conduct” in 2018, its former chief commissioner, Graham Ashton, continued to defend the police’s actions in the media, on the basis of getting results in the “gangland wars”.

This “ends justifies the means” rationale, often referred to as “noble cause” corruption, belies an above-the-law mentality. Much evidence was put forth at the royal commission to suggest that Victoria Police rejected or set out to thwart or co-opt systems designed to deliver independent scrutiny.
 

BFew

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Heaps of detail in this news.com.au article on today's court action in this case application hearing.


'Ashleigh Gleeson
April 29, 2022 - 5:50PM'

' .... in handing down her judgment at 4pm on Friday in the ACT Supreme Court, Chief Justice Lucy McCallum dismissed the application for a permanent or temporary stay of proceedings.

She also dismissed an application for a take-down order directed at the media along with an injunction to restrain publication on matters relating to Ms Higgins or Mr Lehrmann and the trial.

In parts of her judgment that can be published, Chief Justice McCallum notes the “considerable amount of public attention” the case has attracted.

“For a variety of reasons the matter has attracted a considerable amount of public attention,” she said.

“The accused contends that the nature of the publicity is such that, absent the possibility of proceeding by judge alone, a fair trial is now impossible.”

She said there were two “discrete but related aspects” to that concern.

“First the accused contends that the scope of the publicity is such that it will be impossible for the court to find 12 impartial jurors,” Chief Justice McCallum said.

“Secondly he contends that the damaging publicity is of such a nature that nothing a trial judge can do in the conduct of the trial can relieve against the unfair consequences of that publicity.”

'Mr Lehrmann had also sought to have an order to have various media outlets take down certain material, but this was dismissed.

He also sought an order restraining any media outlet from publishing material related to Ms Higgins or Mr Lehrmann that referred to the trial - something Chief Justice McCallum said was more problematic.

“I have concluded that all of the relief sought in the application must be refused for the following reasons,” she said.

Her reasons for this are subject to a non-publication order.
....'
 

BFew

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'Mr Lehrmann had also sought to have an order to have various media outlets take down certain material, but this was dismissed.

He also sought an order restraining any media outlet from publishing material related to Ms Higgins or Mr Lehrmann that referred to the trial.

A sister publication reports this as

'April 29, 2022 - 6:08PM'

'Ms McCallum also dismissed an application for a take-down order made by the defence, which would have forced media organisations to remove previous articles written about the case.'

'The rape trial is expected to run for five to six weeks to begin in early June.'
 

BFew

Norm Smith Medallist
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Anyone here want to defend Bruce from next Monday for the next 4-6 weeks?

Bruce Lehrmann given 48 hours to find barrister for trial to start next week'

'May 31, 2022 — 5.23pm'
'Bruce Lehrmann, the man accused of raping former staffer Brittany Higgins in Parliament House, is attempting to push back his trial because his barrister can no longer appear and Legal Aid can’t find another counsel at short notice.

ACT Supreme Court Chief Justice Lucy McCallum said on Tuesday the evidence put before her by lawyers acting for Lehrmann about their search for a replacement barrister was not sufficient reason to vacate the trial date, due to start on Monday.

But she has postponed a final decision on the matter until Thursday, indicating it could be possible to start the trial up to a fortnight later than the original June 6 date.
...
Legal Aid solicitor Tamzin Lee told the court that “realistically, finding counsel to commence on 6 June has been incredibly difficult”. As well, Legal Aid was effectively “starting anew in terms of representing the accused” after taking over Lehrmann’s case.

The trial has been set down for six weeks starting Monday, however, prosecutor Shane Drumgold said it could be possible to hold it over only four weeks.
“We accept that counsel is not available for reasons that are beyond anyone’s control,” Drumgold told the court.

McCallum gave Lehrmann’s lawyers 48 hours to provide more information about their attempts to find a barrister for the trial.
“This matter has been listed for some time,” she said, noting that sexual assault trials took priority but there were no further four-week trial times available this year.'
 

BFew

Norm Smith Medallist
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Wednesday June 8 is now the next milestone in this case.

'June 3, 2022 - 9:36AM'

'Kamy Saeedi Law will represent Bruce Lehrmann in his upcoming rape trial.
Police allege Mr Lehrman raped former Liberal staffer Brittany Higgins at Parliament House in 2019.

On Thursday Kamy Saeedi, the principal and namesake of the law firm, appeared at the ACT Supreme court where he asked for the trial to be postponed.

Chief Justice Lucy McCallum told the court she was reluctant to postpone to June 27 due to concerns about other trials set to go ahead next month.

Ms McCallum ordered a compromise, with the case to be mentioned on Wednesday June 8, and for the trial to start “not before” June 20.

The order essentially pencils in June 20 as the new start date of the trial.

On Tuesday Legal Aid Lawyers who stepped in to represent Mr Lehrmann told the ACT Supreme Court they did not have a barrister ready to represent him due to circumstances “beyond anyone’s control”.

Mr Lehrmann was initially scheduled to stand trial on June 6.

The trial is expected to run for 4-6 weeks.'


'June 2, 2022 — 4.44pm'

'McCallum said.

She said the trial must start by June 27 due to her prior commitments but noted that left “no fat” for unforeseen delays such as sick jurors or absent witnesses that might drag proceedings beyond the anticipated four weeks.'
 

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