The trial of the man accused of sexually assaulting former Liberal staffer Brittany Higgins has been delayed after television host Lisa Wilkinson praised Higgins in her acceptance speech at an Australian TV award.
Australian Captial Territory Supreme Court Chief Justice Lucy McCallum on Tuesday said the “extreme” media attention around the matter would undermine a fair trial and has forced her to set back the trial date of June 27 “regrettably and with gritted teeth.”
The ACT Chief Justice told the ACT Supreme Court that despite having received a “clear and appropriate warning” prior to the TV awards ceremony, Wilkinson proceeded to deliver an acceptance speech that “openly referred to and praised the complainant in the present trial.”
“The recent publicity does, in my view, change the landscape because of its immediacy, its intensity and its capacity to obliterate the important distinctions between an allegation that remains untested at law and one that has been accepted by a jury giving a true verdict according to the evidence,” she said.
“The public at large is given to believe guilt is established. The importance of the rule of law has been set at nil.”
Potential “Contempt of Court”
Wilkinson was nominated for a Logie for her reporting of Higgins’ allegation in which the former Liberal staffer accused a male colleague of raping her in the office of the then Defence Industry Minister Linda Reynolds in March 2019.The man has pleaded not guilty to the charge of sexual intercourse.
Wilkinson, who is due to give evidence at the trial as a key witness, has been warned by crown prosecutor Shane Drumgold that further public commentary surrounding the matter could lead to the trial being delayed, the court heard.
However, upon receiving her award at the Logies on Sunday, the TV presenter mentioned and thanked Higgins for sharing her story. Later, she also replied to a tweet by ABC reporter Louise Milligan in which she called Milligan’s “Inside the Canberra Bubble” Four Corners report a “crucial stepping stone in helping Brittany find her voice.”
Steve Whybrow, the barrister representing the accused, launched the legal application in the wake of Wilkinson’s speech. Whybrow argued Wilkinson’s remarks displayed a “contempt of court.”
‘I Trusted The Press’
Justice McCallum said she could not be satisfied any directions given to jurors during empanelment or after would prejudice the trial.“The present case is different because the author of the impugned remarks (Wilkinson) will be a key witness in the trial,” she said.
“A central issue in the trial, it is now clear, will be the credibility of the complainant and whether her allegation of sexual assault can be believed.”
McCallum also warned that the media is treating Higgins’s case in the same way as the case of sexual assault survivor and Australian of the Year in 2021 Grace Tame, although in the Higgins case, the man hasn’t yet been convicted.
“Grace Tame was talking about her experience after the man had been convicted and served a sentence of imprisonment,” McCallum said. “Miss Higgins is treated as being in the same category. And she’s not.’
She further told Drumgold she regretted not taking his advice on prohibiting publication around the case.
“I trusted the press,” she said, “You were right, and I was wrong.”
“The implicit premise of [Wilkinson’s speech] is to celebrate the truthfulness of the story she exposed.”
A Network 10 spokesperson said in a statement on Tuesday to The Australian that both the network and Wilkinson “take their legal obligations very seriously,” including in the preparation and delivery of Wilkinson’s speech, but refused to comment further.
The case will return to court for mention on Thursday.
