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Queensland rape trial jury may be questioned over prior knowledge of Bruce Lehrmann case

Created at 2 Sep · 5:11 AM1 source↑ Market-relevant
IN SHORT

Jurors in the upcoming rape trial of Bruce Lehrmann in Queensland could be questioned about their prior knowledge of him and the case. The prosecution intends to file an application to allow for such questioning, citing potential prejudicial pre-trial publicity.

Who's Involved

Bruce Lehrmann
accused of rape, facing trial from November 2
Caroline Marco
Prosecutor intending to file Jury Act application
Zali Burrows
Defence solicitor
Dennis Lynch
Judge who adjourned the matter

↳ Why This Matters

This development highlights the legal measures being taken to ensure a fair trial by addressing potential juror bias stemming from extensive pre-trial publicity surrounding the case.

Key facts

  • Jurors in Bruce Lehrmann's Queensland rape trial may be questioned about their prior knowledge of the case.
  • The prosecution intends to apply under Section 47 of the Jury Act for this questioning.
  • Prejudicial pre-trial publicity is cited as a potential 'special reason' for the inquiry.
  • The judge will have the final say on questions asked of potential jurors.
  • Jurors may be discharged and replaced if their answers are deemed problematic.

Jurors in the upcoming rape trial of Bruce Lehrmann in Queensland could be questioned about their prior knowledge of him and the case. Lehrmann, 31, is scheduled to stand trial from November 2, facing charges of twice raping a woman in 2021.

During a mention in Toowoomba District Court, prosecutor Caroline Marco stated her intention to file an application under Section 47 of Queensland's Jury Act. This section allows for jury members to be questioned if a judge determines there are "special reasons," such as prejudicial pre-trial publicity, particularly in cases where a jury trial is sought.

If the application is granted, the prosecution can suggest questions, but the judge will have the final decision. In some circumstances, defence and prosecution may be allowed to cross-examine jurors under oath. Jurors whose answers raise concerns could be discharged and replaced from a pool of potential jurors before the trial commences.

Defence solicitor Zali Burrows was not required to respond to the prosecution's stated intent. Lehrmann has not formally entered a plea, but his previous legal counsel indicated he intends to contest the charges. Judge Dennis Lynch adjourned the matter for two weeks to allow both sides to file further material. Lehrmann was not required to appear in court and his bail was continued.

Frequently asked questions

Bruce Lehrmann is a 31-year-old man accused of raping a woman twice in Queensland in 2021. He is set to stand trial from November 2.

The prosecution seeks to question potential jurors to determine if they have prior knowledge of the case or Bruce Lehrmann that could create prejudice, citing 'special reasons' under the Jury Act.

Section 47 of Queensland's Jury Act allows for questioning of potential jurors if a judge finds 'special reasons,' such as prejudicial pre-trial publicity, exist.

If a juror's answers indicate bias, they may be discharged and replaced with another person from the jury pool before the trial begins.

What Happens Next

01Prosecution to file Section 47 application in the coming days.
02Defence to file further material.
03Court to revisit the matter in two weeks.

How It Developed

Prosecutor Caroline Marco indicated an intent to file an application under Queensland's Jury Act.
The application aims to allow questioning of potential jurors about prior knowledge of Bruce Lehrmann and his case.
Section 47 of the Jury Act permits juror questioning for 'special reasons,' such as prejudicial pre-trial publicity.
If granted, the judge will determine questions, and cross-examination of jurors under oath may be permitted.
Jurors could be discharged and replaced if their answers warrant it.
The prosecution plans to file the application within days.
Lehrmann's defence solicitor was not required to respond to the prosecution's intent.
Lehrmann has not formally entered a plea but intends to contest the charges.

Sources

T1
Jury in Bruce Lehrmann’s Queensland rape trial may face questions about prior knowledge of caseThe Guardian

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