Telltale sign the Brittany Higgins' rape re-trial was NEVER going to go ahead trends now
From the moment Brittany Higgins read her damning statement outside court after the trial of her accused rapist was torpedoed by a rogue juror, it was abundantly clear the case would not go ahead for a second time.
Chief Justice Lucy McCallum on October 27 dismissed the 12 jurors in Bruce Lehrmann's rape trial after one member was found to have brought prohibited documents into the jury room in the ACT Supreme Court.
Lehrmann, an ex-Liberal staffer, had pleaded not guilty to allegedly raping Ms Higgins in former defence minister Linda Reynolds' office inside Canberra's Parliament House on a drunken night out in March 2019.
Following a spectacular end to the three-and-a-half-week trial, the case that captured Australia was tentatively rescheduled for February 20.
Ms Higgins had tears in her eyes as she left the court that morning, flanked by her boyfriend David Sharaz and her support person, Heidi Yates, and delivered an emotionally-charged speech that was broadcast nationwide on live TV.
The speech was laden with potentially contemptuous remarks about the way she believed she was treated by the justice system, and how she chose to tell 'the truth' about her alleged rape.
Ms Higgins cried as she read her statement to reporters outside the ACT Supreme Court as she said her life has been 'publicly scrutinised, open for the world to see'
'I chose to speak up. To speak up against rape, speak up against injustice, to speak up and share my experiences with others. I told the truth, no matter how uncomfortable or unflattering, to the court,' she told hoards of TV cameras.
'Today's outcome does not change that truth. When I did speak up, I never fully understood how asymmetrical the criminal justice system is, but I do now.'
Most of what she said couldn't be published at the time because it could have biased a future jury against Lehrmann, making it impossible for him to get a fair trial.
Furthermore, in the hours after the emotional speech, Lehrmann's defence barrister Steve Whybrow confirmed he had referred the matter of her statement to the Federal Police and Chief Justice Lucy McCallum.
'When we left court this morning, I indicated to the gathered media that given this matter was ongoing and a date of 20 February 2023 had been fixed for any retrial, it would be both inappropriate and irresponsible to make any further comment at this stage,' he said.
Brittany Higgins was flanked by her lawyers as she delivered a statement outside the court
Bruce Lehrmann was expressionless as he left the ACT Supreme Court on Thursday after the case was sensationally abandoned after a juror brought 'research material' into the courtroom
In another dramatic twist, the ACT's public prosecutor Shane Drumgold announced on Friday morning that a second trial would not go ahead due to Ms Higgins' mental health.
'I've made the difficult decision that it is no longer in the public interest to pursue a prosecution, at the risk of the complainant's life,' he said.
'She is getting the treatment and support she needs. The last couple of years have been difficult and unrelenting.
'While it's disappointing the trial has ended this way, Brittany Higgins' health and safety must always come first.
'Brittany is extremely grateful for all the support she has received, particularly from our mental health care workers.'
Immediately after Mr Drumgold's statement, Ms Higgins' friend Emma Webster released a statement to say she had been admitted to a Queensland hospital.
Mr Dumgold added: 'When I first examined the brief of evidence, I found a clear view that there was a reasonable prospect of conviction.
'And this is a view that I still hold today.'
Brittany Higgins is seen leaving the ACT Supreme Court flanked by her boyfriend and lawyers
During the trial, Ms Higgins was reduced to tears on a daily basis while she was on the stand during
