Jurors selected for Bruce Lehrmann's upcoming rape trial in Queensland could be questioned about their prior knowledge of him and the case, following a prosecution application under the state's Jury Act.
Lehrmann, 31, is scheduled to stand trial from November 2, accused of twice raping a woman at a house in regional Queensland in 2021. His case was mentioned in Toowoomba District Court on Wednesday to list any pre-trial applications.
Prosecution seeks jury questioning under Section 47
Prosecutor Caroline Marco told the court she intended to file an application under Section 47 of Queensland's Jury Act, which allows for jury members to be questioned if a judge determines there are "special reasons." Marco said she was bringing the application as it appeared Lehrmann was seeking a jury trial.
According to the act, "Prejudicial pre-trial publicity may be a special reason for questioning persons selected as jurors or reserve jurors in the final stage of the jury selection process." If the prosecutor is granted a Section 47 inquiry, they can suggest questions to be asked of jury members, but the judge will have final say.
Potential for cross-examination and juror discharge
If a judge considers further inquiry is justified, the defence and prosecution could also be allowed to cross-examine jurors under oath. Jury members could be discharged in response to the answers they give and replaced with another person from a pool of potential jurors before the trial starts. Those replacements can also be questioned.
Marco said she would file her application in the next few days. Defence solicitor Zali Burrows was not required to respond to the prosecution's intent to file an application.
Lehrmann to contest charges, trial set for November
Lehrmann has not formally entered a plea, but his previous legal counsel has told a magistrate he intends to contest the charges. Judge Dennis Lynch adjourned the matter for two weeks to allow the prosecution and defence to file further material. Lehrmann was not required to appear in court on Wednesday, and his bail was continued.
