Finally, it appeared the Brittany Higgins case was over when the Australian Capital Territory’s (ACT) Director of Public Prosecutions (DPP), Shane Drumgold, announced on Dec. 2 that the sexual assault charge against Bruce Lehrmann was to be dropped. Drumgold said the reason was because of an “unacceptable risk to the life of the complainant” and commended Higgins for her “bravery, grace, and dignity.”
However, the case has faced renewed media interest after it was announced Higgins would be seeking $3 million (US$2 million) compensation from the Commonwealth government.
He said that the DPP’s decision is a “catastrophe” for the justice system since the case will remain unresolved forever.
Merritt was also scathing about the fact that, in announcing his decision, Drumgold said nothing about the presumption of innocence, a right for the accused in our justice system, but instead stated his view that there remained “reasonable prospects of successful conviction in the case.”
“There’s something terribly, terribly wrong in the ACT justice system,” said Merritt.
The newspaper cited evidence from an executive briefing last year, where the ACT Police Manager of Criminal Investigations, Detective Superintendent Scott Moller, advised that investigators “have serious concerns in relation to the strength and reliability of [Ms Higgins’] evidence but also, more importantly, her mental health and how any future prosecution may affect her wellbeing.”
The newspaper quoted diary notes from Moller, which said that their advice was ignored by Drumgold because “there is too much political interference.”
How Are the Media Acting?
The recent developments have set us up for a major assault on our criminal justice system, with activists using Higgins’ mental health crisis to reason we need more protection for victims, perhaps even a separate system to reduce stress on the complainants and ensure more convictions. For example, SBS called for “specialised sexual assault courts.”Does that sound familiar? Kangaroo courts may well be heading our way, not just on our campuses but across the entire country, for sexual assault complaints.
Yet a new note of caution is creeping into some of the media reporting. The reality is the gloves are off, and Bruce Lehrmann can now take civil action against any members of our media who have defamed him over the last few years.
For these media players to defend themselves, they will also have to prove the truth of their repeated claim that Higgins was a rape victim. Now that should be interesting.
But most media stories are still focusing on the impact of this horrendous trial on Higgins.
Rarely has a word been said about the potential impact on Bruce Lehrmann, who is innocent until proven guilty in our judicial system, and who has been dealing with the assaults on his reputation over the last few years and during the trial. Rarely has there also been any mention in the media of the impacts on his mental health.
It’s very telling to look at the tangible consequences Higgins’ accusations have had for both of these young people.
- A $320,000 (US$215,000) book contract.
- An undisclosed settlement from the defence minister for calling her a “lying cow.”
- A position as a visiting fellow at the Australian National University’s Global Institute for Women’s Leadership, appointed by former Prime Minister Julia Gillard.
- Heroic status in mainstream media and featured on the cover of women’s magazines, given a standing ovation by the National Press Club.
- Journalists fighting over her story and winning awards for promoting her version of the alleged events.
- Current and previous prime ministers apologizing for her “terrible experiences.”
- The immense power of the state was brought to bear on the resulting court case, with top prosecutors and the ACT victim’s support officer supporting the witness.
- Being made unemployed and unemployable. Lehrmann had moved onto a new job before being publicly named as the accused rapist but lost that job when a journalist informed his employer about the allegation.
- Constant exposure of his name and face to ensure he is recognizable across the country.
- He has also faced a major challenge in finding pro bono legal representation for the ongoing legal battles and significant additional expenses therein.
- There were delays due to ongoing publicity, particularly after journalist Lisa Wilkinson’s intervention.
- The stress of dealing with an ACT jury trial, requiring a unanimous verdict, in one of the most woke parts of Australia.
- The ACT government introduced laws to try to stop Higgins from being cross-examined in the retrial.
He must feel enormous relief that the trial is at an end, but the ordeal, the public shame this young man must bear, is bound to continue.
