Lisa Wilkinson was warned her Logies speech might jeopardise a rape trial however went forward with it anyway earlier than her determination backfired spectacularly and the choose delayed the case.
Brittany Higgins’ accused rapist Bruce Lehrmann was granted a brief keep within the ACT Supreme Court docket on Tuesday after his lawyer stated a jury trial can be ‘untenable’ following the reporting of The Challenge host’s profitable speech.
Chief Justice Lucy McCallum informed the court docket 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.
On the finish of the assembly, Ms Wilkinson was requested if she had any questions and talked about she had been nominated for a Logie award, in accordance with a be aware of the assembly taken by the DPP.
Ms Wilkinson expressed that she didn’t assume she would win as a result of it was organised by a rival community however proceeded to learn the speech she meant to provide if victorious.
TV presenter Lisa Wilkinson (proper) is pictured with former political staffer Brittany Higgins (left)
Nevertheless, the DPP stopped her and suggested that he had no energy to approve or present recommendation on the speech.
‘We’re not speech editors,’ Mr Drumgold informed Ms Wikinson.
Justice McCallum stated Ms Wilkinson went forward together with her plans regardless of the warning.
‘However that clear and applicable warning, upon receiving the award, Ms Wilkinson gave a speech by which she brazenly referred to and praised the complainant within the current trial,’ she stated.
Justice Mc Callum stated current media publicity had prejudged Lehrmann’s proper to a good trial.
‘The case has accordingly attracted a stage of consideration within the media … that whereas not unprecedented, is actually excessive,’ she stated.
‘In depth media reporting of alleged prison conduct isn’t mischievous in itself.
‘What’s a possible mischief is media reporting of such points in such a approach … it impacts the prison case.’
Bruce Lehrmann (pictured), is charged with sexual activity with out consent. He has pleaded not responsible to assaulting Brittany Higgins at Parliament Home in Canberra
Justice McCallum says whereas jurors might 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 stated she needs the trial to be held this yr, with an October itemizing most likely 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 ‘utterly obliterated’ by her Logies speech.
Wilkinson gained a Logie for her reporting on Ms Higgins’ declare that she was raped in Parliament Home.
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 stated.
Earlier on Tuesday, Whybrow launched the keep utility following Wilkinson’s speech.
Mr Whybrow stated a brief keep – basically, a delay – was the one recourse to permit for a good trial so ‘hostile publicity can dissipate’.
TV presenter Lisa Wilkinson (left) is pictured with former political staffer Brittany Higgins (proper)
‘It is untenable in my submission for a trial to be held underneath these circumstances at the moment,’ he stated.
Justice McCallum slammed the media over its reporting of Wilkinson’s speech.
‘What considerations me most about this current spherical is that the excellence between an allegation and a discovering of guilt has been utterly obliterated … on Sunday and Monday,’ she stated.
‘The implicit premise of (Wilkinson’s speech) is to have fun 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 Yr 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 stated.
‘(Ms Tame’s) essential 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 regulation that prohibits me outing myself’.
Former political staffer Brittany Higgins (pictured entrance) speaks to the media as she leaves the Commonwealth Parliamentary Places of work 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 he or she’s not,’ the choose stated.
‘In the meanwhile, she isn’t in that class. That is what actually troubles me in regards to the final spherical.’
The Crown had opposed the momentary keep, arguing the appliance didn’t define a major 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 shall be members of the jury that may have prejudged guilt maybe unaware and that can’t be remedied,’ ACT Director of Public Prosecutions Shane Drumgold informed the court docket.
‘We settle for there’s a vital change however the utility restricted to what it’s restricted to doesn’t give rise to a brief keep.’
The Supreme Court docket was informed Wilkinson can be referred to as as a witness on the trial.
Justice Lucy McCallum stated the general public has conflated the case of Brittany Higgins (proper) with the work of former Australian of the Yr Grace Tame (left), regardless of a person having been convicted in Ms Tame’s case
On Monday, Mr Drumgold stated the Logies speech was a ‘regurgitation’ of emotion, making the purpose that Ms Wilkinson had stated related issues beforehand.
Justice McCallum stated, in abstract, Ms Wilkinson’s speech amounted to saying: ‘Not solely do I consider her, however she’s courageous and extraordinary and he or she’s a very powerful factor that is ever occurred to me and I am pleased with bringing ahead her allegation …
‘We all know that the accused has given a recorded interview by which he denies any sexual exercise befell,’ she stated.
A earlier keep utility was dismissed by Justice McCallum in April, when she stated she wasn’t persuaded instructions given to the jury could not alleviate considerations of prejudice towards Lehrmann.
Mr Drumgold argued the second utility constituted ‘a re-agitation of that order’.
The case was initially attributable to 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