Lisa Wilkinson was warned her Logies speech could jeopardise a rape trial however went forward with it anyway earlier than her choice backfired spectacularly and the choose delayed the case.
Brittany Higgins’ accused rapist Bruce Lehrmann was granted a short lived keep within the ACT Supreme Court on Tuesday after his lawyer mentioned a jury trial could be ‘untenable’ following the reporting of The Project host’s profitable speech.
Chief Justice Lucy McCallum advised the courtroom the journalist had beforehand sought recommendation on whether or not the speech was applicable.
Ms Wilkinson met with the Director of Public Prosecutions Shane Drumgold on June 15 to debate the proof that she would give on the trial.
At the top of the assembly, Ms Wilkinson was requested if she had any questions and talked about she had been nominated for a Logie award, based on a word of the assembly taken by the DPP.
Ms Wilkinson expressed that she didn’t suppose she would win as a result of it was organised by a rival community however proceeded to learn the speech she meant to offer if victorious.
TV presenter Lisa Wilkinson (proper) is pictured with former political staffer Brittany Higgins (left)
However, the DPP stopped her and suggested that he had no energy to approve or present recommendation on the speech.
‘We will not be speech editors,’ Mr Drumgold advised Ms Wikinson.
Justice McCallum mentioned Ms Wilkinson went forward with her plans regardless of the warning.
‘Notwithstanding that clear and applicable warning, upon receiving the award, Ms Wilkinson gave a speech through which she overtly referred to and praised the complainant within the current trial,’ she mentioned.
Justice Mc Callum mentioned current media publicity had prejudged Lehrmann’s proper to a good trial.
‘The case has accordingly attracted a degree of consideration within the media … that whereas not unprecedented, is definitely excessive,’ she mentioned.
‘Extensive media reporting of alleged legal conduct shouldn’t be mischievous in itself.
‘What is a possible mischief is media reporting of such points in such a approach … it impacts the legal case.’
Bruce Lehrmann (pictured), is charged with sexual activity with out consent. He has pleaded not responsible to assaulting Brittany Higgins at Parliament House in Canberra
Justice McCallum says whereas jurors could be given instructions to mitigate prejudice, this case was completely different with Wilkinson being a key witness.
No date has been set for the trial, however the choose mentioned she desires the trial to be held this yr, with an October itemizing in all probability offering sufficient time for publicity to dissipate.
Earlier, Justice McCallum slammed Ms Wilkinson’s speech, saying the road between an allegation and the discovering of guilt was ‘fully obliterated’ by her Logies speech.
Wilkinson gained a Logie for her reporting on Ms Higgins’ declare that she was raped in Parliament House.
Lehrmann, charged with sexual activity with out consent, has pleaded not responsible to assaulting Ms Higgins.
‘Your honour, this speech didn’t must be made,’ Lehrmann’s barrister Steve Whybrow mentioned.
Earlier on Tuesday, Whybrow launched the keep utility following Wilkinson’s speech.
Mr Whybrow mentioned a short lived keep – basically, a delay – was the one recourse to permit for a good trial so ‘antagonistic publicity can dissipate’.
TV presenter Lisa Wilkinson (left) is pictured with former political staffer Brittany Higgins (proper)
‘It’s untenable in my submission for a trial to be held beneath these circumstances at the moment,’ he mentioned.
Justice McCallum slammed the media over its reporting of Wilkinson’s speech.
‘What issues me most about this current spherical is that the excellence between an allegation and a discovering of guilt has been fully obliterated … on Sunday and Monday,’ she mentioned.
‘The implicit premise of (Wilkinson’s speech) is to rejoice the truthfulness of the story she uncovered.’
She added that Ms Higgins’ allegation had been bundled collectively within the minds of the general public with the work of former Australian of the Year Grace Tame, regardless of a person having been convicted in Ms Tame’s case.
‘Grace Tame was speaking about her expertise after the person had been convicted and served a sentence of imprisonment,’ Justice McCallum mentioned.
‘(Ms Tame’s) necessary contribution to the authorized panorama was to say ‘the jury is aware of what he did, the general public is aware of what he did, however I can not discuss it due to the legislation that prohibits me outing myself’.
Former political staffer Brittany Higgins (pictured entrance) speaks to the media as she leaves the Commonwealth Parliamentary Offices after assembly with then prime minister Scott Morrison in Sydney on Friday, April 30, 2021
‘Miss Higgins is handled as being in the identical class. And she’s not,’ the choose mentioned.
‘At the second, she shouldn’t be in that class. That’s what actually troubles me concerning the final spherical.’
The Crown had opposed the non permanent keep, arguing the applying didn’t define a big sufficient threat to the jury that could not be overcome by orders made by the choose.
‘The check most apt … is an actual and substantial threat that regardless of endeavours by the trial choose there will likely be members of the jury that might have prejudged guilt maybe unaware and that can not be remedied,’ ACT Director of Public Prosecutions Shane Drumgold advised the courtroom.
‘We settle for there’s a vital change however the utility restricted to what it’s restricted to doesn’t give rise to a short lived keep.’
The Supreme Court was advised Wilkinson could be known as as a witness on the trial.
Justice Lucy McCallum mentioned the general public has conflated the case of Brittany Higgins (proper) with the work of former Australian of the Year Grace Tame (left), regardless of a person having been convicted in Ms Tame’s case
On Monday, Mr Drumgold mentioned the Logies speech was a ‘regurgitation’ of emotion, making the purpose that Ms Wilkinson had mentioned comparable issues beforehand.
Justice McCallum mentioned, in abstract, Ms Wilkinson’s speech amounted to saying: ‘Not solely do I imagine her, however she’s courageous and extraordinary and he or she’s crucial factor that is ever occurred to me and I’m happy with bringing ahead her allegation …
‘We know that the accused has given a recorded interview through which he denies any sexual exercise happened,’ she mentioned.
A earlier keep utility was dismissed by Justice McCallum in April, when she mentioned she wasn’t persuaded instructions given to the jury could not alleviate issues of prejudice in opposition to Lehrmann.
Mr Drumgold argued the second utility constituted ‘a re-agitation of that order’.
The case was initially as a result of start on June 6 however was delayed till June 27 after Lehrmann’s barrister pulled out days earlier than the trial.
Lisa Wilkinson is pictured giving her Logies speech on Sunday night time, the place she thanked Brittany Higgins for sharing her story of an alleged sexual assault