A high choose has unleashed on the dealing with of former Liberal staffer Brittany Higgins‘s rape allegations towards Bruce Lehrmann.
NSW District Court docket appearing choose Paul Conlon mentioned the prosecution was ‘doomed’ to fail as a result of the allegations had been extensively mentioned by public figures earlier than it went to courtroom.
Particularly he took intention on the ‘unbelievable naivety’ of Labor chief Anthony Albanese and his Liberal predecessor within the nation’s high job, Scott Morrison, who each formally apologised to Ms Higgins in parliament.
An inquiry into Parliament Home tradition by Intercourse Discrimination Commissioner Kate Jenkins within the Set The Customary report known as for a ‘assertion of acknowledgement’ by high politicians over alleged misconduct and previous inaction.
In February final yr, Mr Morrison and Mr Albanese in response each addressed Ms Higgins instantly in parliamentary speeches as she sat within the gallery, telling her they have been ‘sorry’ for her experiences earlier than any allegations had been confirmed in courtroom.
Brittany Higgins pictured after her speech on the Canberra Womens’ March 4 Justice in 2021
Their feedback have been protected underneath parliamentary privilege however Decide Conlon mentioned they have been nonetheless extensively heard by the general public.
‘Within the Lehrmann/Higgins case, that was doomed to failure as quickly because it was thought applicable to ventilate the problems within the public area and try to affect public opinion,’ Decide Conlon instructed The Weekend Australian.
He additionally took intention on the ‘stupidity’ of ‘some sections’ of the media, saying the authorized principal of an accused individual’s presumption of innocence was solid apart.
Decide Conlon added that he was ‘staggered’ by criticism of the Australian Federal Law enforcement officials who had questioned the energy of the case towards Mr Lehrmann, saying that’s what they need to be doing as a part of their job.
An inquiry has been held into the prosecution on the Higgins case because it was led by ACT director of public prosecutions Shane Drumgold SC.
Mr Drumgold instructed the inquiry he was involved concerning the ‘objectivity’ of police who had voiced sturdy doubts over the proof and alleged there was a ‘expertise deficit’ amongst investigating detectives.
The trial towards Mr Lerhrmann, who has denied the allegations, was deserted as a consequence of juror misconduct after one jury member introduced a analysis paper on sexual assaults into deliberations after being instructed to not do exterior analysis.
A retrial was additionally deserted after medical consultants warned Ms Higgins’s well being and wellbeing was in danger.
Bruce Lehrmann has denied the allegations towards him and has not been convicted of any crime
Decide Conlon mentioned he had seen, in his expertise, an growing variety of instances introduced earlier than courts during which prosecutors had little proof and which might trigger elevated trauma to victims due to doubtless acquittals.
Decide Conlon slammed public figures commenting on the case
He mentioned prosecutors have an obligation to the neighborhood to not deliver individuals to trial on flimsy proof.
‘It is simpler for prosecuting authorities to ship the matter to courtroom and let the jury resolve. They then do not need to confront the troublesome process of telling a complainant that the matter won’t proceed and explaining why that call has been reached,’ he mentioned.
He added there was additionally a perception by some prosecutors they may escape criticism by permitting the matter to be determined in courtroom.
Decide Conlon, who was a Crown prosecutor for 20 years earlier than becoming a member of the bench in 2006, mentioned it was his understanding that each Division of Public Prosecutions within the nation works on an analogous guideline.
The rule of thumb instructs that if on knowledgeable evaluation by the division there was no cheap prospect of conviction, the matter shouldn’t be delivered to courtroom.
An inquiry into the prosecution of the case because it was led by Shane Drumgold SC, will ship its findings on July 31
Fellow NSW District Court docket colleagues Decide Penelope Wass and Decide Gordon Lerve have expressed comparable considerations.
Decide Wass, in a latest judgement during which an accused was acquitted by a jury after 25 minutes, mentioned prosecutors ought to do greater than ‘shepherd’ allegations by means of the justice system.
‘Such was the state of the proof that I fashioned the view throughout the trial that had the jury returned a verdict of responsible on any depend, I might have presided over a transparent miscarriage of justice,’ Decide Wass mentioned of that case.
The Sofronoff inquiry into the dealing with of the prosecution of Mr Lerhmann will ship its findings on July 31.
