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Lawyers argue over evidence ahead of Higgins trial

Prosecutors in the Brittany Higgins case are fighting to keep some evidence under wraps.

Prosecutors in the Brittany Higgins case are fighting to keep some evidence under wraps. Photo: Supplied

Prosecutors in the Brittany Higgins case are fighting to keep certain evidence under wraps, arguing it is not relevant in the upcoming trial of a man charged with her sexual assault.

Bruce Lehrmann has pleaded not guilty after being charged with sexual intercourse without consent at federal Parliament House in March 2019.

A 56,000-page report includes transcripts of information in relation to former political staffer Ms Higgins, which lawyers for Mr Lehrmann argue are relevant to the case.

Mr Lehrmann’s barrister Steven Whybrow argued on Friday the defence was not seeking access to the material out of “prurient interest”.

Rather, information which at face value to the prosecution may not seem of interest could be relevant to Mr Lehrmann’s defence.

“We have to identify the rabbits to determine whether we need to go down the holes,” Mr Whybrow told the ACT Supreme Court.

Some “crucial dates” could arise, Mr Whybrow argued.

Chief Justice Lucy McCallum said it seemed not all redacted sections were relevant to the case.

But the ACT’s top judge told prosecutors at a previous hearing on Wednesday that defence lawyers “might know things you don’t … which may render relevant what appears irrelevant”.

An affidavit produced by Mr Lehrmann’s legal team is hoping to identify the relevant redacted sections.

Mr Whybrow is also seeking access to other documents provided to federal police, issuing a subpoena for the evidence on Friday.

The case is listed for mention on Wednesday.

Mr Lehrmann’s trial is due to start on October 4.

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