Woman to face ‘reliability’ test in Lehrmann trial
Rex Martinich |
The credibility of a woman who accused former Liberal Party staffer Bruce Lehrmann of rape will be tested by a jury or possibly a judge alone, a magistrate has said.
Lehrmann has been committed to stand trial on two rape charges following two days of committal hearings into the reliability of the alleged victim’s evidence.
After nearly an hour of oral arguments and an adjournment of a few minutes on Thursday, Magistrate Mark Howden found the case had sufficient evidence to go to trial.
“Ultimately, the reliability of the (alleged victim’s) evidence will be a matter for an arbiter of fact, either a judge sitting alone or a jury,” Mr Howden told Toowoomba Magistrates Court.
Lehrmann is accused of raping the woman twice in the early hours of October 10, 2021.
Defence barrister Andrew Hoare had argued Lehrmann should not face trial on the charges because the alleged victim was too intoxicated to remember giving consent.
Mr Hoare and crown prosecutor Nicole Friedewald agreed Lehrmann and the alleged victim had consensual sex about 4am after the pair met in a Toowoomba nightclub.
The woman claimed she consumed cocaine with Lehrmann and was woken up at 10am by him sexually assaulting her and she pushed him away.
She told police Lehrmann then got on top of her and assaulted her again while telling her “it’s OK, it’s OK,” while she lay with her body limp.
“I was not lying there enthusiastic … I was in shock,” the woman told police.
Mr Hoare said the woman obtained emergency contraception and ticked a box that she needed the pill as her other contraception had failed and not due to sexual assault.
About a month later, the woman saw media coverage of Lehrmann being charged with the rape of Brittany Higgins in the office of then defence industry minister Linda Reynolds at Parliament House in March 2019, while both were employed by the senator.
The woman then googled “Brittany Higgins rapist” and recognised Lehrmann, who had told her his name was Bryce.
“Honestly, if I had not found out who he was, I would not have reported it I think,” the woman said in a text message.
Mr Hoare also said Lehrmann could have mistakenly believed he had consent given he had earlier obtained consent for a similar sex act.
Ms Friedewald said there was a prima facie case to answer on both charges.
“(The law) requires consent is given to each act. It does not mean consent to every act from then on,” Ms Friedewald said.
Ms Friedewald said claimed inconsistencies in the woman’s statement were not uncommon for alleged victims of sexual assault.
“Ticking a certain box on a contraceptive checklist or not telling friends or a GP does not mean it did not happen,” she said.
“It’s not uncommon for victims of offences of those kinds to wait, days, weeks, months or years before disclosing.”
Mr Howden ruled a reasonable jury, properly instructed, could potentially find the allegations proven beyond reasonable doubt.
He told Lehrmann, who attended remotely via phone, he would stand trial on two counts of rape before the Toowoomba District Court at a date to be set.
“Not at this time, thank you, Your Honour,” Lehrmann said when asked if he wanted to say anything or enter a plea.
Lehrmann’s bail was continued.
Lehrmann denied the allegations that he raped Ms Higgins and the case ended in a mistrial, with prosecutors withdrawing the charge and declining to proceed with a new trial out of concern for Ms Higgins’ mental health.
Justice Michael Lee in April 2024 found to the civil standard that Lehrmann did, on the balance of probabilities, rape Ms Higgins and dismissed his defamation proceedings against Network Ten and journalist Lisa Wilkinson.
Lehrmann filed an appeal in May and was later order to pay $2 million in costs over his failed defamation case.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
AAP
