R v Lehrmann (No 3)

The applicant, Mr Bruce Lehrmann, was facing trial for an offence of sexual intercourse without consent. He applied for a temporary stay of the criminal proceedings on the basis that significant pre-trial publicity, including a speech by a witness on live television endorsing the credibility of the complainant and her status as a victim, had the potential to prevent a fair trial. The application was made in the High Court of Australia, following a refusal of a similar application in the Federal Court of Australia. The court was required to determine whether there had been a significant change in circumstances, whether the pre-trial publicity was of such a nature as to prevent a fair trial, and whether the prejudice could be remedied by directions from the trial judge.

The court found that the publicity was of such intensity and proximity to the trial that it had the capacity to obliterate the distinction between an untested allegation and a fact accepted by the jury. The court noted that the speech by the witness had the potential to influence the jury, and that it was unlikely that any directions from the trial judge would be able to remedy the prejudice caused by the publicity. The court also found that there had been a significant change in circumstances, as the publicity had increased in intensity and proximity to the trial. As a result, the court granted the application for a temporary stay of the proceedings.

The court vacated the trial date of 27 June 2022 and stood the matter over for mention before McCallum Chief Justice on 23 June 2022 at 9:30am. The court emphasised that the stay was temporary and that the matter would be mentioned again to determine whether the trial could proceed or whether further steps needed to be taken to ensure a fair trial for the applicant. The court also noted that the decision was based on the specific circumstances of the case, and that it did not set a precedent for other cases with similar issues.