Former Liberal Party staffer Bruce Lehrmann can today be revealed as the high-profile man facing court on two counts of rape west of Brisbane.
Key points:
- Bruce Lehrmann has been named as the defendant in a Toowoomba rape case
- His lawyers have indicated he intends to defend the charges
- It follows changes to Queensland's sexual assault laws earlier this year
Revelation of Mr Lehrmann’s identity comes as a Supreme Court judge today refused to grant any further non-publication orders in the case.
The 28-year-old former party adviser failed in his fifth bid since late September to keep his identity a secret pending a committal hearing in the case. He was not at court for today's decision.
Justice Peter Applegarth ruled that a Toowoomba Magistrate had not erred at law when she decided earlier this month to refuse Mr Lehrmann's application for a non-publication order.
"The Supreme Court of Queensland judicially reviewed the Magistrate's decision and concluded that it was not affected by the errors alleged by the applicant," Justice Applegarth said in his ruling.
"The evidence before the Magistrate included evidence that the potential naming of the applicant prior to the conclusion of the committal proceeding weighed heavily on him and had affected his mental health. This unfortunate effect on his mental health permitted, but did not compel a finding that a non-publication order was necessary to protect the applicant's safety."
Justice Applegarth said given the state of the evidence, it was open to a reasonable decision-maker to not be satisfied that the non-publication was necessary.
The case relates to two counts of rape alleged to have occurred in Toowoomba in October 2021.
Mr Lehrmann was charged in December 2022 and the case was first mentioned in Toowoomba Magistrates Court in January 2023.
His lawyers have indicated he intends to defend the charges.
Mr Lehrmann's barrister Andrew Hoare submitted during today's hearing that a psychologist's report into his client's mental health had spoken of a risk of self-harm and suicide, "serious adverse consequences" to his mental health and "grave concerns in respect of suicidal ideation".
Mr Hoare submitted that the Toowoomba Magistrate's decision to refuse his client a non-publication order contained an error in that she had taken into account that Mr Lehrmann had not engaged a mental health professional and was not on medication.
He said a forensic psychologist who had treated Mr Lehrmann in the past in respect of suicidal ideation had, in his professional opinion, grave concerns.
He submitted that the psychologist had, in a report for the court, mentioned that Mr Lehrmann's condition had deteriorated in the period leading up to legal changes which would allow him to be identified.
Barrister Rob Anderson KC, representing media companies including the ABC, told the court that the Toowoomba Magistrate had applied the calculus of risk test faithfully in her ruling.
Mr Anderson also submitted that Mr Lehrmann had participated in four media broadcasts on national programs, where he was identified.
Justice Applegarth also commented, at one point, that Mr Lehrmann had presented in three television broadcasts between June and August this year and this was hard to reconcile with the psychologist's report.
"I hope that Channel 7 paid him or the solicitor a lot of money … for the consequences it has had on this application, if nothing else," he quipped.
In his decision, Justice Applegarth referred to the media interviews which Mr Lehrmann had conducted.
"The evidence included the presentation of the applicant in media interviews and the fact that he made no mention in them of being in a poor psychological state for reasons he did not wish to disclose to the public. Instead, he presented to the public, for reasons that neither he, his solicitor nor his psychologist adequately explained to the Magistrate, as someone who was keen to litigate pending defamation cases and 'light some fires'," the Judge said.
Mr Anderson submitted that suggestions that the only relevant evidence related to Mr Lehrmann's state of mind at the time the application was made, was contrary to the evidence brought to court.
"That flies in the face of all of the evidence that (was) brought on his behalf which addresses his mental health history going back several years," Mr Anderson said.
Legislative changes prompted proceedings
Mr Lehrmann has fought to keep his identity suppressed in relation to the Toowoomba rape allegations since legislative changes came into effect earlier this month, allowing those charged with prescribed sexual offences to be named and identified prior to being committed to stand trial.
The changes to Queensland's Criminal Law (Sexual Offences) Act, are part of sweeping changes recommended by the landmark Hear Her Voice report, and came into effect on October 3.
With that date looming, Mr Lehrmann's legal team was granted a Supreme Court injunction on September 29 to keep his identity suppressed until a formal hearing could be held.
That was further extended by the Toowoomba Magistrates Court on October 5 pending a full hearing in that court on October 13.
On that day, Magistrate Clare Kelly refused a non-publication order, ruling that the order was not needed to prevent prejudice to the proper administration of justice.
Mr Lehrmann's lawyers were then granted a further interim order to allow them to seek a judicial review of the ruling in the Supreme Court.
The Lehrmann matter is one of the first high-profile tests of the new laws and the first to have reached appeal level in the Supreme Court.
Case to return to court next month
The two rape charges will be mentioned again in the Toowoomba Magistrates Court on November 1.
It is expected that on this day, the court will hear a DPP update in regard to a defence request for six months of data downloaded from the complainant's mobile phone.
The case has been mentioned multiple times in the Toowoomba court since January this year.
On all occasions, Mr Lehrmann, who is on bail, has not been required to attend.
The exception was the first mention on January 11, when the Magistrate questioned why he was not at court.
Mr Lehrmann has also not been required to attend the hearings in relation to the non-publication order and was not at the Supreme Court today.
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2023-10-26 06:09:30Z
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