Lawyers for former Liberal Party staffer Bruce Lehrmann will next month make a “no case to answer” application on two counts of rape.
It follows a committal hearing in the Toowoomba Magistrates Court earlier today where the complainant in the case was cross-examined in a closed court.
It was later revealed in court that the Crown had an additional statement from the complainant, dated today’s date, which was tendered to the court.
The former political staffer is charged with two counts of rape, alleged to have occurred in Toowoomba, his former hometown, in October 2021.
So far little detail of the allegations against Mr Lehrmann have been aired in open court and during today’s hearing the complainant in the matter testified, and was cross-examined for about an hour in a closed court.
Mr Lehrmann’s barrister, Andrew Hoare KC, told the court when it reopened, that the defence would make submissions “in respect of the sufficiency of the evidence to place my client on trial”.
Mr Hoare provided a 12-page outline of submissions to the court today. An oral submission, that there is no case to answer for Mr Lehrmann, is expected when the court resumes on July 4.
It means they are expected to ask the court for the rape charges to be dropped.
Mr Lehrmann, 29, will be excused from attending personally on the next occasion and will be allowed to appear via video link from his interstate base.
During today’s hearing Mr Lehrmann sat with his solicitor, Rowan King, while his two barristers, Andrew Hoare KC and Patrick Wilson, were at the bar table.
Mr Lehrmann, flicked through his mobile phone and typed messages as well as perused court documents during the hearing.
He arrived at court early this morning to a media scrum outside the courthouse. It was the first time Mr Lehrmann has appeared personally at the Toowoomba court since the matter was first mentioned in January 2023.
As he walked in through the media scrum, reporters heard Mr Lehrmann say, “Where’s Peter Costello when you need him?”
He was referencing the former federal treasurer and chairman of Nine Entertainment, who allegedly pushed a journalist at Canberra Airport earlier this month.
Mr Costello later stepped down from his position.
In addition to cross-examination of the complainant in the matter, the Crown Prosecutor handed up more than a dozen witness statements, which included several from the complainant and from police officers investigating the case.
Mr Lehrmann was charged in relation to the Toowoomba rape allegations in December 2022 and the matter was first mentioned in January 2023.
During today’s committal hearing, the complainant testified from a remote location via videolink.
Crown Prosecutor Nicole Friedewald had asked that during her evidence, Mr Lehrmann be obscured from the woman’s view and this was granted by the magistrate.
Media excluded from complainant’s evidence
Earlier, Magistrate Mark Howden refused an application from barrister Jess Goldie, representing media organisations, to be permitted to remain in the courtroom for the complainant’s evidence or to observe from another location.
Ms Friedewald told the court that the complainant opposed having the media in the courtroom while she testified.
“It is opposed by her and thereby it is opposed by the Crown,” Ms Friedewald told the court.
“She wishes for her privacy to be maintained … she is not supportive of having the media remain in the courtroom or be linked in via other means and as I noted wishes for her privacy to be maintained,” Ms Friedewald said.
Magistrate Howden said that whilst he accepted the principle of open justice and acknowledged the high public interest in the case, he was not persuaded to rule for the media to be allowed in the court or to hear the evidence.
He said the matter should proceed in the ordinary way, in a closed court, and he dismissed the application.
The court was then closed at 10:30am for the complainant to begin her evidence.
The Crown had earlier told the court that there was an application for special measures to be implemented during the complainant’s evidence, which was not opposed by the defence.
This included that Mr Lehrmann be obscured from the complainant’s view while she gave her evidence.
The magistrate said that Mr Lehrmann could sit in the body of the court.
The case was adjourned to July 4 for oral submissions on the no case to answer application.
Mr Lehrmann made no comment as he left the court complex.
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