Bruce Lehrmann’s defence lawyer was “pissed off” by suggestions during the high-profile trial that his cross-examination of Brittany Higgins had been coached by Liberal senator Linda Reynolds.

Steven Whybrow is the second witness to give evidence to an independent inquiry into how the justice system handled Ms Higgins’ rape allegations.

The inquiry, led by former Queensland solicitor-general Walter Sofronoff, is examining the actions of ACT police, prosecutors and a victim support service during the investigation and trial.

In a letter to Chief Police Officer Neil Gaughan after the trial was derailed, Director of Public Prosecutions Shane Drumgold alleged Senator Reynolds had “engaged in direct coaching of the defence cross-examination of the complainant”. 

Mr Whybrow said he did not know about the letter before parts of it were published by the Guardian following a freedom of information request. 

He told the inquiry it was an “appalling mischaracterisation” of what had actually occurred. 

“I don’t hold a candle for Senator Reynolds but (the suggestions) were unfair and, as far as I was aware, untrue and … played on this so called ‘political cover-up’ conspiracy,” he said. 

During the trial, Mr Whybrow told Mr Drumgold he had been contacted by the senator asking for transcripts from proceedings to be sent to her lawyers. 

Mr Drumgold confronted Senator Reynolds about this while she was in the witness box and also questioned why her husband had been sitting in court for the proceedings. 

Mr Whybrow said he didn’t understand why the prosecutor had a problem with Senator Reynolds’ husband being there and that his presence was no different from anyone else sitting in court.  

“I showed (Mr Drumgold) that she wasn’t getting the transcripts and that I had positively suggested to her not to have any conversations with her husband,” Mr Whybrow said. 

“He put these positive things to Linda Reynolds, including that she was trying to tell me how to do my job and give me cross examination tips.

“I was pissed off, I was angry and I wrote this email to (Mr Drumgold) about what I considered was improper conduct.” 

Mr Whybrow said neither the defence nor prosecution in a criminal trial “owns” a witness and he was free to interact with all of them during proceedings.   

Mr Lehrmann was tried by the ACT Supreme Court in October, but the case was derailed by juror misconduct.

Prosecutors later dropped the charges against him because of fears over the impact a second trial would have on Ms Higgins’ mental health.

Mr Lehrmann denies raping Ms Higgins in Parliament House in 2019.

Last week, Mr Drumgold revealed tensions between his office and police and claimed investigators had a “passion” for the prosecution to fail.

This formed part of the reason why he wrote to Mr Gaughan requesting a public inquiry into police interference in the criminal justice process.

“Police had a passion for this prosecution to fail, that was my observation,” he told the inquiry last week.

“I felt that there was enough evidence to justify an inquiry into it.”

By Maeve Bannister in Canberra