Lawyers for the man accused of raping Brittany Higgins have launched a fresh bid to stop his case proceeding as scheduled, applying for his trial to be vacated in the wake of a speech made by journalist Lisa Wilkinson.
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Queensland man Bruce Lehrmann is due to stand trial in the ACT Supreme Court next Monday, having pleaded not guilty to a charge of sexual intercourse without consent.
He denies allegations he raped Ms Higgins at Parliament House in March 2019, when the pair worked as Liberal Party staffers for Morrison government minister Linda Reynolds.
Lehrmann previously made an unsuccessful application for a permanent or temporary stay of his trial on the basis "damaging publicity" had rendered a fair hearing impossible.
The start of his trial was subsequently pushed back by three weeks after "reasons beyond anyone's control" forced his previous lawyers to withdraw from the case.
Late on Monday afternoon, new defence barrister Steven Whybrow applied to have next week's trial vacated on the basis of what he argued was more prejudicial publicity.
Mr Whybrow referred to a speech given by Ms Wilkinson on Sunday night, after the journalist won a Silver Logie award for her coverage of allegations made by Ms Higgins.
He told the court published ratings suggested some 885,000 viewers had seen the speech broadcast on national television.
There was still "a developing story", Mr Whybrow added, noting news outlets and social media users were publishing content relating to the speech online less than a week out from Lehrmann's scheduled trial.
"It's anathema to a fair trial ... for this matter to proceed next Monday," he said.
ACT Director of Public Prosecutions Shane Drumgold SC described Ms Wilkinson's speech as "undesirable", but he told the court its content was "a regurgitation of emotion" that was already in the public domain.
Mr Drumgold is set to address Chief Justice Lucy McCallum further on Tuesday morning, when the judge indicated she would continue considering Mr Whybrow's application.
