Brittany Higgins has been referred to the police after a blistering statement outside court following Thursday’s decision to dismiss the jury in the Bruce Lehrmann rape trial.

The jury of eight women and four men was dismissed on Thursday morning, and a mistrial declared, after it was discovered one of the jurors had obtained information outside the evidence presented in court.

Chief Justice Lucy McCallum said it had been discovered a juror had undertaken some research in relation to the case, which had entered the jury room.

“I have received evidence that at least one juror has had access to research material that was not provided to the jury during the trial,” Chief Justice McCallum said.

She said the sheriff’s office had inadvertently learned that a juror had access to research material not provided to the jury. It emerged when one of the sheriffs accidentally bumped one of the juror’s document folders onto the floor during routine tidying.

Chief Justice McCallum said when the officer picked up the box, he noticed part of the title page of an academic research paper. Upon further investigation it was discovered the topic of the paper was sexual assault.

Chief Justice McCallum said the juror in question gave an explanation suggesting the document had not been used or relied upon. However, she said it was appropriate to regard that evidence with some scepticism.

The juror was dismissed, along with the rest of the jury, who Chief Justice McCallum thanked for their time.

“This is an unexpected and unfortunate outcome,” she said.

“I have heard an explanation and it may be that no harm has been done. But that is a risk I cannot take.”

During the trial and deliberation period, Chief Justice McCallum gave jurors at least 17 warnings against conducting their own research on the case.

Mr Lehrmann was being tried by the ACT Supreme Court, charged with sexual intercourse without consent.

He pleaded not guilty.

Bruce Lehrmann faces a new trial in February after Thursday’s developments. Photo: AAP

The jury was dismissed following a 12-day trial and had undertaken a little more than five days of deliberations.

A new trial has been set down for February 20 next year. Mr Lehrmann will remain on bail.

Outside court after the morning’s surprise developments, Ms Higgins made a blistering statement to the media.

“I chose to speak up,” she said.

“Speak up against rape, speak up against injustice, to speak up and share my experiences with others.

“I told the truth no matter how uncomfortable or unflattering to the court. Today’s outcome does not change that truth.”

In her closing remarks, Chief Justice McCallum urged against reporting the case to ensure a fair trial and to provide Ms Higgins with some respite.

“The accused is just that. He is a person that stands accused,” she said.

“The fairness of his trial will undoubtedly be impaired or at risk if people continue to report on this case with the frequency that has occurred.

“I would expect after reporting the outcome of today that reporting of the matter should fall silent so the accused can have a fair trial and Ms Higgins can have some respite from the intense glare of the media that has been pervasive in this trial.”

In light of this, Mr Lehrmann’s lawyers criticised her statement outside court and referred her comments to the Australian Federal Police.

Defence lawyer Steven Whybrow said Ms Higgins gave what appeared to be a pre-prepared speech on Thursday.

He said Ms Higgins and her support team were inside the courtroom when Chief Justice McCallum discharged the jury.

“We have brought these comments to the attention of the court and the Australian Federal Police,” Mr Whybrow said in a statement.

“It is not appropriate for Mr Lehrmann or his lawyers to make any comment as to whether the complainant’s statements might amount to a contempt of court or offences against the ACT Criminal Code.”

Mr Whybrow earlier addressed the media outside court.

“We’re disappointed by what’s happened, but it would be inappropriate and irresponsible to say anything at this stage,” he said.

Mr Lehrmann remained silent.

Earlier this week, the jury had sent notes to the court indicating it was unable to reach a unanimous verdict on the rape allegation.

Chief Justice McCallum encouraged them to persevere each time.

Ms Higgins alleges Mr Lehrmann raped her in the parliamentary office of Linda Reynolds when they worked for her as defence industry minister in March 2019.

He denies any sexual interaction.

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-with AAP