Business Blockbuster - Helpng business to be more visible on Google

Daily Bulletin

Why was the Brittany Higgins trial delayed, and what is 'contempt of court'? A legal expert's view on the Lisa Wilkinson saga

  • Written by: Rick Sarre, Emeritus Professor of Law and Criminal Justice, University of South Australia

The judge in the trial of Bruce Lehrmann, the staffer alleged to have raped Brittany Higgins, ruled on Tuesday, “regrettably and with gritted teeth”, that his trial will need to be delayed.

This was because of the media coverage and social media attention that followed Logie Award-winning journalist Lisa Wilkinson’s acceptance speech (she won a Logie for her coverage on The Project of the Brittany Higgins allegations).

In the speech, Wilkinson thanked Higgins for trusting her and The Project team with the story, and for changing the national conversation around allegations of sexual abuse.

Lehrmann’s lawyers successfully argued the speech was a potential “contempt of court”.

Chief Justice Lucy McCallum said:

“What concerns me most about this recent round is that the distinction between an allegation and a finding of guilt has been completely obliterated… The implicit premise of [the speech] is to celebrate the truthfulness of the story she exposed.”

One might have thought the exceptional umbrage taken by the courts against the media’s reporting of the George Pell case might have made the veteran journalist a little more cautious about referring to matters that are either currently or imminently before the courts.

According to news reports, Wilkinson had been warned by ACT Director of Public Prosecutions Shane Drumgold that her speech could delay the trial if it made reference to the case, but he reportedly didn’t want to listen when Wilkinson started to read it to him beforehand, offering that prosecutors “are not speech editors”.

Wilkinson reportedly told him she was not expecting to win, so the speech would not likely be made.

There’s also the complication that the prosecution reportedly plans to call Wilkinson as a witness in the trial.

The prosecution plans to call Wilkinson as a witness in the trial. AAP Image/Regi Varghese

Read more: Cleo Smith interview: does Channel Nine run the risk of being in contempt of court?

What is ‘contempt of court’?

So, what caused the judge to make her ruling to stop the case in its tracks, and list it for trial at a date yet to be determined?

It’s the law designed to ensure all criminal trials are fair and it’s guided by the principles of “contempt of court”.

Contempt of court can arise if any words or actions by the media (or indeed anyone who makes a public statement) are deemed to interfere with the administration of justice, or constitute a disregard for the authority of the court.

The principle of contempt law that pertains to this case is that a jury must decide the guilt or innocence of an accused on the basis of the evidence before them, and not to allow other considerations to taint their deliberations.

This could include commenting publicly on the credibility of a victim’s story, stoking the public’s disdain of an accused by a storm of social media, or calling for a social evil to be tackled. This is referred to as sub judice (“under a judge”) contempt.

Back in February this year, Channel 9 came perilously close to being in contempt of court after airing material that could have been deemed to have a tendency to prejudice the judge’s consideration of a sentence for the man convicted of kidnapping Western Australian four-year-old Cleo Smith.

There need only be evidence the content – whether it be a media article reporting a speech, a social media post, or some other public discussion – could have a tendency to affect the thinking of the jurors in their deliberations. Actual proof that it did, in fact, influence jurors isn’t required. If successfully argued, a trial can be shifted to another jurisdiction, or delayed, or, potentially, aborted permanently.

Lisa Wilkinson won a Logie for her coverage of the Brittany Higgins story. AAP Image/Mick Tsikas

That’s what Lehrmann’s lawyers asked the court to consider. “This speech did not need to be made,” his barrister Steve Whybrow said. He added that his client had no interest in delaying the trial, but he wanted it to be a fair trial.

What’s clear is the speech had the potential to prejudice the imminent trial. Justice McCallum ruled the matter would be better dealt with when the dust has settled on Wilkinson’s acceptance speech, and the social media storm has died down. There would not have been a media lawyer in Australia who would have been surprised by the ruling.

The timing of the Logies was unfortunate. Wilkinson should have been counselled more wisely to generalise her remarks.

Warnings should have been heeded

Parliaments around Australia are facing growing calls to overhaul their contempt of court laws, with many advocates arguing the status quo does not meet public expectations.

But that’s a broader question about freedom of speech. In this instance, freedom of speech was not an issue. It was clear the case could be prejudiced, and the warnings should have been heeded.

No-one has made the allegation in Australia yet that Wilkinson’s remarks are in contempt of court, and only the judge can rule on that if she be so minded.

Whether there are legal ramifications for Wilkinson remains to be seen, but one could have some sympathy for her. Wilkinson had spoken with Drumgold on June 15 to discuss the evidence that she would give at the trial. Drumgold warned her against commenting publicly on Higgins’ case, but clearly not strongly enough.

Given the costly and annoying rescheduling that is now needed, Drumgold is probably regretting he didn’t simply give Wilkinson a firm “no”.

Authors: Rick Sarre, Emeritus Professor of Law and Criminal Justice, University of South Australia

Read more https://theconversation.com/why-was-the-brittany-higgins-trial-delayed-and-what-is-contempt-of-court-a-legal-experts-view-on-the-lisa-wilkinson-saga-185585

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Plumbing Call-Out Fees in Perth Explained

When you hire a plumber to fix a problem with a dripping tap, leaking pipe, or whatever it might be...

Workshop Tool Maintenance: A Practical Guide to Drills, Sanders and Table Saws

A drill that strips every screw head. A sander that leaves swirl marks however long you work the pan...

How Architecture and Engineering Firms Can Improve Project Profitability

Project profitability remains one of the most persistent challenges for architecture and engineering...

The Blossoming World of Fresh Flower Delivery: An In-Depth Exploration

In recent years, the demand for fresh flower delivery in Sydney has soared, driven in part by the ...

How Penrith SMEs Can Keep Stock and Equipment Working for the Business

For Penrith SMEs in 2026, efficient inventory starts with reliable stock data: what is on hand, wher...

Cybersecurity Services and Solutions for Complete Digital Protection

Businesses leverage Cybersecurity solutions for protection against digital threats of the modern era...

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...