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Lehrmann report sparks sexual assault training for ACT police

A police team that investigated a rape allegation by Brittany Higgins has increased staffing and will improve training for officers.

The measures stem from an inquiry into how the justice system handled the high-profile investigation.

The ACT government published the inquiry report on Monday, several days after it was provided to select media outlets by chair Walter Sofronoff and published without authorisation.

Many of the report’s 10 recommendations related to improving police policies, including defining the threshold required to charge a suspect, updates to how officers store victim counselling notes and training on compiling evidence briefs. 

The report noted investigators made mistakes and some decisions caused “unnecessary distress” to Ms Higgins.

This included conducting a second interview with Ms Higgins and her counselling notes being provided to prosecutors and the defence when they shouldn’t have been. 

Despite the errors, Mr Sofronoff found investigators acted “in good faith” and with “great determination” and did not conduct themselves improperly. 

Ms Higgin accused former Liberal staff colleague Bruce Lehrmann of raping her inside a ministerial office at Parliament House after a night out in 2019.

Mr Lehrmann has always denied the allegation.

The inquiry revealed officers were confused about the threshold for when to charge a person accused of sexual assault. 

ACT chief police officer Neil Gaughan said the force was committed to reform and improving how it operated and conducted investigations. 

“We have increased staffing for the Sexual Assault and Child Abuse Team and this year we have enhanced training for officers conducting sexual violence-related investigations,” he said.

“This training was developed with leading experts across forensics, psychology and criminology. 

“Our focus is to strengthen our trauma-centric, victim-informed specialist approach to better support complainants.”

Mr Gaughan confirmed a guide was being developed to support officers to apply the threshold to charge, in partnership with the office of the director of public prosecutions.

“I do not want the impact of this report to result in people not willing to come forward to police to report sexual assaults,” he said. 

“I, along with every police officer, appreciate how the community conversation across Australia about sexual assault in recent years has been helpful to reflect cultural and societal changes.”

The inquiry also made several adverse findings against Director of Public Prosecutions Shane Drumgold including that he misled the ACT chief justice and tried to withhold information from the defence.

While Mr Drumgold accepted his conduct was less than perfect, he rejected many of the adverse findings against him.

He has resigned as chief prosecutor, effective from September 1.

But his ability to practice as a barrister in the territory could be impacted by the findings in the report.

The ACT Bar Association noted its “grave concern” about the findings against Mr Drumgold as lead prosecutor in the case. 

Mr Drumgold’s certificate which allows him to practice as a barrister in the ACT is valid until June 30 next year.

But it is linked to his employment within the office of the director of public prosecutions.  

“The announcement of Mr Drumgold’s resignation … means that from that date (he) will no longer have capacity to practice as a barrister in the ACT,” the association said in a statement on Tuesday.

“Any application by Mr Drumgold for a new or unrestricted practising certificate will require the approval of the ACT Bar Council and will necessitate consideration of the findings contained in the Sofronoff report.” 

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