Bruce Lehrmann, the former parliamentary staffer charged with two counts of rape in relation to an alleged incident in Toowoomba, is preparing to apply for a judge-alone trial. The 29-year-old, who has yet to enter a plea, has indicated that he will contest the charges, which stem from an alleged incident in Toowoomba in October 2021. This high-profile case has garnered significant attention, particularly following a change in Queensland legislation that allows those accused of rape or sexual assault to be named publicly before their trial or plea.
The matter was committed to the Toowoomba District Court in July of the previous year, and during a brief mention in court on Thursday, both the prosecution and defense informed the court of their intention to file pre-trial applications. Lehrmann’s solicitor, Rowan King, appeared via phone and informed the court that his client would be making an application for a judge-alone trial. This type of trial means that a judge, rather than a jury, will decide the case. This is a significant move in a high-profile case such as this, with many legal experts speculating on the potential impact of this decision on the trial’s proceedings.
In addition to the judge-alone application, Mr. King also indicated that an application would be made for potential protective counseling records, which may require discussions between both parties. This could involve sensitive information regarding the alleged victim’s history or interactions with professionals, and discussions may take place behind closed doors. It’s possible that this application could involve privacy considerations and may be contested by the prosecution.
Prosecutor Caroline Marco, who also appeared by phone, confirmed that both the defense and the prosecution would jointly apply to discuss sexual activity that is not the subject of the charges. This application, which both parties are expected to agree on, would allow for the introduction of potentially relevant details that could provide context to the case. However, several other applications are likely to be contested. One of these applications, which the Crown is set to make, is related to the use of special witnesses. These witnesses may provide testimony under special conditions, such as through video link or with anonymity. Another application will focus on the Queensland Evidence Act, which governs the rules of evidence in the state.
The court was informed that no application had been filed before Thursday’s hearing, but Judge Dennis Lynch KC has set a half-day hearing for March 27, 2025, to address any pre-trial applications that may be submitted. This hearing will likely be a pivotal moment in the case, as both parties will outline their legal arguments and seek to establish the framework for the trial.
Lehrmann, who remains on bail, was not required to attend the court hearing on Thursday. His bail conditions remain in place as he prepares for the next steps in his legal proceedings. The trial will be closely watched, given the serious nature of the charges and the high-profile individuals involved.
In 2023, after Queensland law was changed, Mr. Lehrmann’s identity was made public. Before this legal amendment, individuals accused of rape or sexual assault were not allowed to be named until they had entered a plea or been committed for trial. The legislative change allowed for the identification of those accused of such offenses before trial. Following this change, Mr. Lehrmann lost his bid to maintain a non-publication order that would have kept his name out of the media. The ruling was significant, as it marked a departure from the previous norm of keeping the identities of accused individuals confidential.
The charges Mr. Lehrmann faces in Toowoomba are unrelated to another high-profile legal matter in which he is involved. He is also currently entangled in a civil defamation trial in the Federal Court in Sydney, where he is challenging claims made against him. This separate matter is centered on allegations related to the original incident and the subsequent media coverage, further complicating the legal landscape surrounding his case.
The criminal charges in Toowoomba have already sparked significant public interest, and with the pre-trial applications scheduled for March, further attention is expected. The outcome of these applications could shape the trajectory of the trial, potentially influencing the evidence presented and the nature of the proceedings.
As the case progresses, both sides will continue to prepare their legal strategies, and it remains to be seen how the judge-alone trial application will be received by the court. In the meantime, Mr. Lehrmann remains on bail, and his legal team will be working on securing the best possible outcome in a case that is likely to have far-reaching consequences.
