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The Forum > Article Comments > Higgins case finally over > Comments

Higgins case finally over : Comments

By Bettina Arndt, published 5/12/2022

Drumgold said nothing about the presumption of innocence but instead stated his view that there remained 'reasonable prospects of successful conviction in the case'.

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Now she will settle for $3 million instead.
Posted by ttbn, Monday, 5 December 2022 8:23:29 AM
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I note that media in the 21st century tend to elevate victims to hero status. An aggrieved party will be told it's not their fault when they clearly made themselves vulnerable. It then follows that some other party is wholly to blame and must be punished in that media or made to pay an economic penalty. The payoff to the 'victim' is exoneration, revenge and perhaps money.

In the bad old days of pre-woke Canberra there must have been innumerable trysts that one participant regretted. Nonetheless they put it down to experience. Perhaps it's time Canberra went back to its main business.
Posted by Taswegian, Monday, 5 December 2022 10:06:09 AM
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"The documents obtained by The Weekend Australian also ­reveal that Higgins joked in text messages about crying on The Project to deflect criticism in the media, and, six weeks before the alleged rape, wanting a political sex scandal:

'A sex scandal the party can be proud of. Another Barnaby but without the baby haha,' Higgins wrote. None of this was revealed in the trial.

Well, you've won me over Bettina.

I think a retrial should proceed to give Bruce Lehrmann a chance to prove his innocence;
But not only that, I think there should be a full investigation into whether Brittany herself sought to concoct this entire saga.

Then put her on trial.

- If she's joked about crying in the media, that's enough for me to think her claims of mental health issues are overstated.
This whole thing stinks.
Posted by Armchair Critic, Monday, 5 December 2022 10:25:06 AM
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If never, ever accepting '...there must have been innumerable trysts that one participant regretted. Nonetheless they put it down to experience..." means I'm "woke", then I'm proud to wear that apparent slur. I can't believe this stuff.
Posted by Aries54, Monday, 5 December 2022 10:39:13 AM
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I have long contended that the law and justice have very little in common. Personally I have no faith in the jury system as the outcome of innocence or guilt rests with how convincing the arguments are. The sole exception to this is if one of the parties actually confesses. In the absence of definite witnesses only two parties know the truth, the accuser and the victim.
As the writer states Higgins appears to have done well, albeit at a perceived cost. Lehrmann less so and has/will probably never recover. Humans are just another animal species and prone to all the failings that entails including sexual desires. There is little, if any, difference between sexes in this. Generally speaking both Males and Females enjoy good old bonking. If opportunities are offered then they will be taken, or an attempt made which does not make it correct. In this case perhaps nobody knows the truth as it seems too much alcohol was involved. In the absence of obvious violence perhaps both parties should share the blame but the outcome from this looks like being very unfairly one sided.
Posted by ateday, Monday, 5 December 2022 10:48:56 AM
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Correction:
Should be accused and victim, accuser and victim usually same party.
Posted by ateday, Monday, 5 December 2022 11:09:06 AM
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I agree, it's a good thing the Brittany Higgins case is finally over. It has dragged on for far too long and never looked like achieving anything more than the ruination of two young lives. As pointed out by Taswegian, many of us can look back on various drink-fuelled trysts in our younger years with a good deal of regret. It's something you get over and learn from. You quietly put it behind you and make sure it never happens again.
Posted by Bronwyn, Monday, 5 December 2022 11:20:23 AM
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I sent this to the Australian Editor recently (not printed):
"ACT DPP Shane Drumgold appears to give no weight to the trauma experienced by Bruce Lehrman in facing charges which as far as we know might be completely fabricated."

I think that there are also echoes here of the Rolfe case. Rolfe and his colleague were suddenly attacked, one of them stabbed. This was in the dark, where they did not immediately reaqlise that they were facing the suspect they were looking for. Rolfe fired three quick shots in response - the whole incident occurred over only a few seconds.

The general rule when armed and subject to a potentially lethal attack with a weapon is to fire until the threat is neutralised; which is what Rolfe did. This seems to be another case where prosecution was pursued in the absence of compelling evidence, and Rolfe continues to suffer for it.

Together with the Queensland lab scandal, one has to worry as to the mindset of those allegedly administering the law.
Posted by Faustino, Monday, 5 December 2022 11:27:20 AM
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Well, what did we expect, given it was Miss Higgens on trial and retraumatized by the system and the "Boys club"! A club which clearly includes the Author.

This needs never to happen again given we can and do not test the veracity of the evidence with technology, we could deploy yesterday. But for intransigent, intractable, incalcitrant legal resistance, in an industry which would see their rivers of gold, dry up to a trickle, if we did.

And in my view, the only possible reason for not completely and fully testing evidence with currently available, unbeatable, space age, covertly deployable, lie detection!

Which would have proven innocence or guilt beyond even the scaric of a grain of a molecule of doubt.

Instead, we badger, bully, pillory and trash the reputations of the witnesses and put them on public trial, which can as does harm them for life.

This is justice writ large in this completely contemptable archaic medieval adversarial system, we call justice in this country.
Alan B.
Posted by Alan B., Monday, 5 December 2022 11:41:24 AM
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It was wrong from the very start.
People tend to think in terms of black and white?
One of the parties must be grittily guilty, and the other as pure as a princess?
That is rarely the case.
It always takes two to tango.

In most reported crimes, the 'victim' is treated as blameless.
This just isn't so.
Read carefully, and you will see that the 'victim' contributed to an incident.
And should thus share a portion of the blame.
Irresponsible persons should not benefit from public solicitude.

In this instance, if I remember rightly, it was reported they both drank (too much?) alcohol.
This would be especially significant for a female, as she would be PUTTING HERSELF in a highly 'exposed' state.
If anything did happen as a result, she would thus have helped to make it happen?
So both parties should share responsibility for an unfortunate outcome?
This alleged scenario was not black and white?

Sometimes the public will get the bit between its collective teeth, and run with it.
To the detriment of many.
This happens far too often.
Let us be more critical, and apportion any 'blame' correctly?
And the public must accept that a person not convicted of a crime is innocent of that crime.
And he must be treated as innocent.
Posted by Ipso Fatso, Monday, 5 December 2022 11:58:07 AM
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If she does win 3 million? does that imply she was right all along? For mine, taking advantage of an inebriated friend is not on. Instead, we gentlemen need to protect them from themselves and our natural lust.

Yes, hard but not impossible, even if an erection has no conscience.

One can and does retain control until penetration. And desirable in days where aids roams at will. Or an unwanted pregnancy becomes the outcome of a stupid and preventable, one night stand. That then could become a life sentence for the unwilling incubator.

One looks out for a friend and colleague, rather than taking advantage of them that can and does have whole of life consequences and regret. If it happened to your daughter or sister or wife? What then? Still ok bro.
Alan B.
Posted by Alan B., Monday, 5 December 2022 12:02:48 PM
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Mothers…raise your children to be women.

Dan
Posted by diver dan, Monday, 5 December 2022 1:17:01 PM
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"and our natural lust" says Alan B who no doubt is speaking for himself. We ALL have natural lust Alan, Male and Female. Some more so than others. However, yes indeed, we should all look out for each other but the person with the greatest interest in your welfare is YOU.
Posted by ateday, Monday, 5 December 2022 2:22:30 PM
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Mothers…raise your children to be women.

And ...

Fathers ... raise your children to be gentlemen.

It's a 2-way street. Why do men always blame the women. Ooops, dumb question.
Posted by Aries54, Monday, 5 December 2022 5:02:41 PM
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Fathers ... raise your children to be gentlemen..No

Should say:

Mothers.. raise (all ) your children to be women.

Soon to be mandatory for females to wear a lockable chastity belt until menopause.

Sexual intercourse is becoming such a toxic event .

All part of the rainbow conspiracy! Only homosexuals will thrive.

Dan.
Posted by diver dan, Monday, 5 December 2022 9:07:14 PM
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Puritanism without Christ! The rainbow conspiracy!

Dan.
Posted by diver dan, Tuesday, 6 December 2022 4:57:50 AM
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Mothers…raise your children to be women.

And ...

Fathers ... raise your children to be gentlemen.
Aries54,

Sounds good but when the parents aren't up to scratch what chance do the children have !
From baby boomers to Millennials, common sense has gone missing !
Posted by Indyvidual, Tuesday, 6 December 2022 7:14:52 AM
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Wow Bettina! Brilliant summary. You have confirmatory detail to my worst fears - the justice system in Australia is in palliative care. The presumption of innocence has failed and a great injustice done. I do hope Mr Lehmann eventually gets some justice and even retribution.
Posted by Pliny of Perth, Monday, 12 December 2022 11:03:01 AM
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