The ACT's top prosecutor has confirmed his office intends to proceed with a retrial of former Liberal Party staffer Bruce Lehrmann, who is accused of raping Brittany Higgins.
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Chief Justice Lucy McCallum was forced last Thursday to abort Lehrmann's first trial after a juror disobeyed repeated warnings about not doing independent research on the case.
That person took three academic articles about sexual assault into the jury room, where jurors had been deliberating on Lehrmann's fate for a week when the discovery was made.
After discharging the jury without a verdict, Chief Justice McCallum tentatively listed Lehrmann's potential retrial to start in the ACT Supreme Court on February 20, 2023.
But whether the case ran again was first a matter for the ACT Director of Public Prosecutions, whose office routinely considers seven factors, including the views of the alleged victim, before deciding whether or not to pursue retrials.
The director, Shane Drumgold SC, told The Canberra Times of his decision on Monday.
"Yes I can confirm we have decided the retrial of R v Lehrmann will commence on 20 February 2023," he wrote in response to a query.
Lehrmann, 27, has pleaded not guilty to a charge of engaging in sexual intercourse without consent.
He denies any sexual contact with Ms Higgins, with whom he worked for Senator Linda Reynolds at the time in question, on March 23, 2019.
It is in the early hours of that morning that he is accused of having raped her on a couch in the senator's office at Parliament House.