The ACT Supreme Court’s highest judge has given a serious warning about the Brittany Higgins rape trial.
Bruce Lehrmann has pleaded not guilty to raping Ms Higgins in Parliament House in March 2019 with a six-week trial set down for June.
At a mention on Thursday, Chief Justice Lucy McCallum asked Mr Lehrmann’s lawyer John Korn whether they would be proceeding with a previously flagged stay application to delay the jury trial.
Mr Korn had last month labelled Prime Minister Scott Morrison’s historic apology to Ms Higgins in parliament a “disgrace” and “extraordinarily prejudicial”, noting the possibility of applying for a stay of proceedings.
He told the court he hadn’t been involved in discussions with Mr Lerhmann surrounding the stay application.
Justice McCallum said that she needed to know “urgently” and it was agreed anxjmtzyw answer would be given on Wednesday next week in court.
She then gave a stern warning “directed at any person who has any interest in these proceedings”.
“A man has been accused of a very serious offence, it is an offence that can only be tried with a jury,” she said.
“The laws about contempt are well known in this country.
“Statements made before a criminal trial that might interfere with the administration of justice and in particular the ability of a man to have a fair trial risk falling in the classification of contempt.”
She said she “strongly” urged anybody with an interest in the proceedings to be careful with the words they published between now and June 6 – when Mr Lerhmann’s trial is scheduled to begin – unless any stay application is successful.
Mr Korn then also asked to speak on that issue.
He was warned by Chief Justice McCallum that it was “not an occasion for making speeches”.
“For my part I was hoping what happened a few weeks ago would have died down,” he said.
He said he had read on Monday there was going to be another campaign involving Ms Higgins going public and “speaking about the topic”.
“I would very much hope that could be prevented,” he said.
Chief Justice McCallum noted that the Director of Public Prosecutions Shane Drumgold SC, who was present in court, was a “very experienced advocate” and would “convey the remarks that have been made”.
