Speaking of that judgment, arguably Higgins' current mental crisis is a consequence of Drumgold's decision to ignore the professional advice given to him and push ahead with the prosecution.
The feminist editors now in charge of The Australian cannot be very happy with Albrechtsen's revelations, given they were very much part of the media circus lionizing Higgins. But naturally, the rest of mainstream media will ignore this evidence and run with Drumgold's line that the trial destroyed Higgin's mental health.
The Australian's excellent Legal Affairs Editor Chris Merritt was on Sky News yesterday morning, expressing outrage at the way the case has been handled, with Bruce Lehrmann now being denied a right to a fair trial and any chance of an acquittal which would clear his name. He said that the DPP's decision is a "catastrophe" for the justice system since this means the case will remain unresolved forever. "His name has been tainted… and that [taint] will never be removed. He's been denied a right to a fair trial," Merritt said.
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Merritt was also scathing about the fact that, in announcing his decision, Drumgold said nothing about the presumption of innocence but instead stated his view that there remained "reasonable prospects of successful conviction in the case". As Merritt points out, this amounts to saying we have a man who is a rapist which the ACT justice system is incapable of bringing to trial. "There's something terribly, terribly wrong in the ACT justice system," said Merritt. Listen to his powerful interview and watch the amusing bleating from the female journalist arguing poor Brittany was the one who had suffered most.
Other lawyers have expressed similar concerns. Here's Sydney barrister Gray Connolly on Twitter:
We are bound to learn more about all this now that the case has been dropped and we can start to hear the other side of the story. For the last few years, Brittany Higgins' view of events has dominated the media, with the prosecuting authority and the court failing dismally to rein in the constant promotion of her as a victim, which undermined her accused's presumption of innocence. Lehrmann and his legal team have behaved with decorum, never speaking out inappropriately or using the media to promote their side of the story.
But now the gloves are off, and Bruce Lehrmann can expose what has gone on behind the scenes. Prominent members of our media who have repeatedly defamed him over the last few years would do well to ponder whether he will use the civil courts to seek compensation for the damage they have caused him.
Virtually all our major media companies have promoted Higgins as a celebrity victim, giving her a constant platform to present her story - foolishly promoting her tearful speech when the mistrial was called, even after it was announced that the speech had been referred to the Australian Federal Police and to the prosecutor as a possible contempt of court.
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Merritt is right to be concerned about the future of our criminal justice system. The DPP's latest spray has absolutely set us up for a major assault on our criminal justice system, with activists using the Higgins mental health crisis to claim we need more protection for victims, perhaps even a separate system to reduce stress on the complainants and ensure more convictions. Here's SBS calling for "specialised sexual assault courts." Sound familiar? Oh yes, kangaroo courts may well be heading our way, not just on our campuses but across the entire country for sexual assault complaints.
Already today there has been an outcry about the impact of this horrendous trial on poor Brittany.
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