The ACT’s top prosecutor was right to go ahead with the prosecution of former Liberal staffer Bruce Lehrmann based on the information available to police and his office, an inquiry into how the case was handled has found.
But the ACT government is investigating whether the early release of the report constitutes a legal breach and whether further action is required.
A board of inquiry – chaired by former Queensland judge Walter Sofronoff – was set up to examine accusations from police and prosecutors about each other’s conduct during Mr Lehrmann’s high-profile rape trial.
Brittany Higgins accused Mr Lehrmann, her former colleague, of raping her inside a ministerial office at Parliament House after a night out in 2019.
Mr Lehrmann has always denied the allegation.
The ACT government released the 839-page report in full on Monday afternoon along with its response.
A key finding by the inquiry was that it was appropriate to prosecute the matter on the information available to ACT Policing and the director of public prosecutions.
Several recommendations related to improving police policies, including defining the threshold required to charge a suspect, updates to how police store victim counselling notes and training on compiling briefs of evidence.
The government has agreed to implement eight of the 10 recommendations.
It agreed in principle to the final two, subject to further consultation with the office of the director of public prosecutions, ACT Policing, victims of crime commissioner and legal stakeholders.
In its response, the government reiterated it was “extremely disappointed” the report had been released prematurely.
Mr Sofronoff provided a copy to select media outlets last week, without the knowledge or permission of the territory government, which resulted in widespread reporting of the negative findings against Director of Public Prosecutions Shane Drumgold.
The report was also provided to a media organisation before Chief Minister Andrew Barr received it.
“The government is currently seeking advice as to whether the premature release may have constituted a breach of the Inquiries Act 1991 and if any further action is required,” the response said.
“Nonetheless, the government maintains confidence in the report recommendations and our focus remains on implementation.”
Mr Sofronoff made “several serious findings of misconduct” against Mr Drumgold.
But while Mr Drumgold accepted his conduct was “less than perfect”, he rejected many of the adverse findings against him.
“While I acknowledge I made mistakes, I strongly dispute that I engaged in deliberate or underhanded conduct in the trial or that I was dishonest,” he said in a statement announcing his resignation on Sunday.
In October 2022, Mr Lehrmann faced a criminal trial in the ACT Supreme Court but juror misconduct derailed the proceedings and the trial was discontinued.
Mr Drumgold ultimately dropped the prosecution against Mr Lehrmann because of his fears about the impact of a second trial on Ms Higgins’ mental health.
Acting DPP Anthony Williamson will continue in the role while a recruitment process to permanently fill the position is undertaken.
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