Bruce Lehrmann to seek trial without jury on rape allegations
Former Liberal Party staffer Bruce Lehrmann wants to face trial without a jury on charges alleging he raped a woman in 2021.
Lehrmann was not required to appear in person in Toowoomba District Court on Thursday for the case’s first mention since the indictment on two rape charges was handed down in December.
He has yet to enter a plea but his legal representatives have previously said he denies the charges.
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By continuing you agree to our Terms and Privacy Policy.Defence solicitor Rowan King told Judge Dennis Lynch that barrister Patrick Wilson would make three pre-trial applications for Lehrmann.
“There’s an application for a judge-alone trial, there’s also an application in respect to potential protection of records and a joint application in regards to uncharged sexual contact,” Mr King said.
Under Queensland law, a trial can be heard without a jury and the judge handing down verdicts if “it is in the interests of justice to do so”.
The grounds for a judge-only trial include the hearings are lengthy or complex, or both, or “there has been significant pre-trial publicity that may affect jury deliberations”.
Crown prosecutor Caroline Marco said she would also make three pre-trial applications, including joining with the defence for an application that can include evidence of “uncharged acts” to prove a sexual interest between the defendant and alleged victim..
“The applications to be made by the Crown will be a special witness application, an application to lead uncharged sexual activities ... and also an application for (privileged communications),” Ms Marco said.
A person granted special witness status can give evidence from a remote witness room or to a courtroom closed to the public.
Both prosecutors and Lehrmann have yet to formally file applications ahead of a District Court trial, which does not have a date for starting.
Toowoomba Magistrates Court previously was told there was consensual sexual activity between Lehrmann and the defendant in the hours prior to the alleged offences.
Lehrmann is accused of raping the woman twice during the morning of October 10, 2021 after they met at a strip club the previous night in Toowoomba, west of Brisbane.
The woman claimed she consumed cocaine with Bruce Lehrmann during a night out before consensual sex at a house in east Toowoomba about 4am.
The woman said she was woken about 10am by Lehrmann sexually assaulting her.
Defence barrister Andrew Hoare said at the committal the alleged victim was too intoxicated to remember giving consent and Lehrmann could have mistakenly believed he had consent for further sex acts.
Mr Hoare said the woman obtained emergency contraception after being given a lift to a pharmacy by Lehrmann, and ticked a box that she needed the pill as her other contraception had failed and not due to sexual assault.
Judge Lynch on Thursday ordered prosecutors and Lehrmann to file their applications by March 14.
Lehrmann’s bail conditions were extended ahead of a pre-trial directions hearing at Toowoomba District Court on March 27.
