Canberra Liberals leader Elizabeth Lee has urged the ACT Attorney-General, Shane Rattenbury, to establish a wide-ranging board of inquiry into the serious allegations of interference raised in relation to the prosecution and trial of Bruce Lehrmann, the former Liberal staffer recently accused of raping Brittany Higgins in 2019.

The ACT Director of Public Prosecutions claims police pressured him not to prosecute Mr Lehrmann over Ms Higgins’s allegation, while police claim the DPP compromised the trial.

“Unanswered questions surrounding these serious allegations and the trial could have a devastating and irreversible erosion of public confidence in our legal system,” Ms Lee said.

The Board of Inquiry under the Inquiries Act 1991 would have a number of powers, broad ranging, and similar to those of a Royal Commission, Ms Lee said.

“A wide-ranging inquiry into the matter will provide an opportunity for a holistic review of not only these serious allegations but the entire prosecution, trial, and subsequent mistrial,” Ms Lee said.

“This inquiry would provide confidence to the Canberra community that the ACT Government is dedicated to maintaining the highest and most robust legal standards.”

Mr Rattenbury said the ACT Government was concerned by the allegations made about the investigation and conduct of the Lehrmann trial.

The matter has been referred to the Australian Commission for Law Enforcement Integrity.

“The ACT Government is currently considering whether further investigations are warranted,” Mr Rattenbury said.

• Shane Rattenbury flags Bruce Lehrmann rape trial inquiry (12 December)

Background

The ACT Director of Public Prosecutions, Shane Drumgold, announced earlier this month that criminal charges against Mr Lehrmann would be dropped. A trial in the ACT Supreme Court in October was derailed due to juror misconduct; Mr Lehrmann was due to face retrial in February. Mr Drumgold announced that he would not proceed with a second trial due to an “unacceptable risk” to Ms Higgins’s life and mental health.

• Prosecutor drops Bruce Lehrmann rape case (2 December)

An article published in the Australian (3 December) revealed that police advised the DPP there was not enough evidence to run the case; Detective Superintendent Scott Moller, ACT Police Manager of Criminal Investigations, stated investigators “have serious concerns in relation to the strength and reliability of [Ms Higgins’s] evidence but also more importantly, her mental health and how any future prosecution may affect her wellbeing”. Superintendent Moller’s diary notes stated Mr Drumgold ignored the police advice because “there is too much political interference”.

Mr Lehrmann has denied the allegation of rape, and is preparing defamation proceedings. Ms Higgins intends to sue the Commonwealth Government, Senators Linda Reynolds and Michaela Cash, her previous employers, for sexual harassment, sex discrimination, disability discrimination, negligence, and victimisation.

• Bruce Lehrmann preparing defamation action (7 December)
• Brittany Higgins and Bruce Lehrmann seeking compensation (5 December)

Ms Lee said there were serious allegations of “political interference”, and that the published correspondence between Mr Drumgold and the ACT Police Commissioner, Neil Gaughan, was alarming.

• Police to be investigated on Bruce Lehrmann case (9 December)

Mr Drumgold claimed last week that police had pressured him not to prosecute Mr Lehrmann over Ms Higgins’s allegation. On Thursday, The Guardian reported Mr Drumgold sent a letter to Mr Gaughan, on 1 November outlining concerns over police conduct.

“I am of the view that at the conclusion of the trial, there should be a public enquiry into both political and police conduct in this matter,” Mr Drumgold wrote.

The matter has been referred to the Australian Commission for Law Enforcement Integrity.

Alex Caruana, president of the Australian Federal Police Association (AFPA), said last week that the union “firmly believes” the ACT DPP compromised Mr Lehrmann’s trial; he said Mr Drumgold’s “desperate attempts to smear AFP and ACT Policing” were untested and subject to internal AFP mechanisms.

The AFPA supports a judicial inquiry into Mr Lehrmann’s trial, Mr Caruana said, but the AFPA insists that any inquiry must also assess the conduct of Mr Drumgold, his office, the ACT Victims of Crime Commissioner, and Mr Rattenbury, as well as issues causing delays in the trial and subsequent mistrial.

“The ACT Government must complete a review of the entire judicial system without delay; the system is in shambles thanks to Mr Rattenbury’s inaction and incompetence,” Mr Caruana said. “If the Attorney-General will not call for a full and comprehensive inquiry into the justice system, then the ACT Chief Minister must step in and take action.”

He questioned whether Mr Drumgold’s office leaked the information The Guardian obtained, and believed breaches of Freedom of Information legislation likely occurred.

“The FOI from the ACT DPP to The Guardian, to our knowledge, has no redactions, and it includes personal details of officers involved in the investigation,” Mr Caruana said. “ACT Policing was not consulted on the release of information and its members’ details.

“The AFPA will make a formal complaint to the Office of the Australian Information Commission and the ACT Ombudsman regarding the possibility of FOI breaches and misconduct by the Director of Public Prosecutions.”

Mr Drumgold has also accused Senator Reynolds of trying to interfere in the trial.

• ‘Political forces’ in Bruce Lehrmann rape trial (22 October)