crime

Bruce Lehrmann's rape trial postponed to allow time to find barrister

Bruce Lehrmann's rape trial postponed to allow time to find barrister

The looming rape trial of former Liberal Party staffer Bruce Lehrmann has been postponed amid a bitter courtroom clash between lawyers.

Bruce Lehrmann had been scheduled to face trial on November 2 this year on two counts of rape alleged to have occurred in Toowoomba, west of Brisbane, in October 2021.

The Brisbane District Court on Friday heard that his solicitor Zali Burrows had encountered difficulty locking down a barrister to represent him for the trial and an adjournment was required.

The argument was accepted by Judge David Kent, with a next mention scheduled for November 2.

The looming rape trial of former Liberal Party staffer Bruce Lehrmann has been postponed amid a bitter courtroom clash between lawyers.

Mr Lehrmann had been scheduled to face trial on November 2 this year on two counts of rape alleged to have occurred in Toowoomba, west of Brisbane, in October 2021.

He has indicated he will plead not guilty, but the Brisbane District Court on Friday heard that his solicitor Zali Burrows had encountered difficulty locking down a barrister to represent him for the trial and an adjournment was required.

The argument was accepted by Judge David Kent, saying the short time before a trial meant the interests of justice would be served by adjourning the case to allow time for suitably qualified counsel to be prepared.

"The adjournment should certainly not be regarded as open-ended. The defendant must now act promptly," Justice Kent said.

Crown prosecutor Caroline Marco had argued against the adjournment, pointing out the length of time in the whole matter and complaining of a paucity of evidence from Ms Burrows about contacting barristers to defend Mr Lehrmann.

"We have not a great deal of evidence to show what efforts have been made but for an affidavit of one barrister who hasn't been produced for cross-examination, who was never briefed, never accepted the brief," Ms Marco said.

"We don't know what other counsel, if any, have been approached to take on the matter."

"It is a realistic possibility that at a future trial listing that Mr Lehrmann will continue to be represented solely by Ms Burrows."

Ms Marco complained of a "continual drip feeding of applications to the court by Ms Burrows" and argued it would be preferable if the defence would have an understanding of a time by which all applications should be made.

"This is unsatisfactory for the complainant. The interest of justice goes both ways," Ms Marco said.

Ms Burrows said she disagreed with the prosecutor's argument and fired back.

"I do take umbrage with the submissions Ms Marco's made," Ms Burrows said.

She argued she had been "verballed" and "the Crown have drip-fed the defence material".

"From the very first instance of coming involved in this matter, it was a bit of a struggle in trying to make sure that we were getting all the material that was in the brief."

Ms Burrows said if case management directions were given, then the prosecution should "go and disclose everything that is disclosable (sic), especially if its exculpatory material".

"It's not up to them to decide, what is relevant to the defence case or not."

The hearing on Friday was conducted largely with the lawyers online, and Justice Kent at one stage halting proceedings because of a constant whooshing sound that he said seemed like emails were being sent.

"It could probably be an iMessage of Mr Lehrmann sending messages to my computer and I stopped that," Ms Burrows said. "I apologise."

Any trial date is yet to be locked in, with a next mention scheduled for November 2.

Prosecutors estimated the trial could take about a week, while the defence estimated two weeks.

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