The ACT Government has appointed Walter Sofronoff KC, formerly Queensland’s Solicitor-General, as Chair of the Board of Inquiry into the conduct of criminal justice agencies involved in Bruce Lehrmann’s trial for the alleged rape of Brittany Higgins.

Mr Sofronoff will investigate how police and prosecutors handled ex-Liberal staffer Brittany Higgins’ rape allegations, and if police, the Director of Public Prosecutions, or the Victims of Crime Commissioner breached their duties through the investigation.

• Read also: Concerns Lehrmann inquiry does not investigate Rattenbury (1 February)

“The allegations and complaints made against our criminal justice agencies are serious,” Chief Minister Andrew Barr said. “Mr Sofronoff is a highly regarded legal expert with experience leading sensitive inquiries throughout his career. … I am confident that Mr Sofronoff will deliver a thorough and respectful independent inquiry”.

The government announced last month that it would establish the board of inquiry to ensure that the ACT’s framework for progressing criminal investigations and prosecutions was robust, fair, and respects the rights of those involved.

• Lehrmann inquiry will investigate criminal justice agencies (21 December 2022)

The ACT Director of Public Prosecutions (DPP), Shane Drumgold, announced in early December 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.

Mr Lehrmann had consistently denied the allegation and no findings were made against him. 

Mr Drumgold sent a letter to Chief Police Officer Neil Gaughan on 1 November outlining his concerns over police conduct, and claimed earlier this month that police had pressured him not to prosecute Mr Lehrmann over Ms Higgins’s allegation, while the Australian Federal Police Association “firmly believes” Mr Drumgold compromised Mr Lehrmann’s trial.

The inquiry will consider whether the two criminal justice agencies, and the Victims of Crime Commissioner, discharged their functions with appropriate rigor, impartiality, and independence.

The Terms of Reference have now been finalised, and include:

•           whether any police officers, the Director of Public Prosecutions, or the Victims of Crime Commissioner failed to act in accordance with their duties, or acted in breach of their duties in their conduct during the investigation of the case;

•           the circumstances around, and decisions which led to the public release of the ACT Director of Public Prosecutions’ letter to the Chief Police Officer of ACT Policing; and

•           any matter reasonably incidental to any of the above matters.

Throughout the inquiry, the Board can hold public or private hearings, subpoena documents and witnesses, and issue search warrants. The Board of Inquiry will report to the Chief Minister by 30 June.

“The Board of Inquiry was established to ensure the Territory’s framework for progressing criminal investigations and prosecutions is robust, fair and respects the rights of those involved,” Attorney-General Shane Rattenbury said.

“It is important to remember that this will not be a retrial of the case, it will focus on whether the criminal justice officials involved performed their duties with appropriate rigour, impartiality, and independence.”

AFPA welcomes inquiry

The Australian Federal Police Association (AFPA) acknowledges the Terms of Reference and scope of the independent inquiry into the R v Lehrmann mistrial.

AFPA president Alex Caruana said that the Terms of Reference seemed reasonable, and supported any measures allowing Mr Sofronoff to conduct an exhaustive analysis of the motives of the parties involved in the Lehrmann trial.

“It’s vital that this inquiry tests the allegations made by the Director of Public Prosecutions (DPP) and assesses the actions of police and the ACT Victims of Crime Commissioner.

“We thank the ACT Government for quickly appointing Mr Sofronoff KC to this important role,” Mr Caruana said.

Terms of Reference

The Terms of Reference are available on the ACT Government’s Justice website.

The ACT Government acknowledges that this may ‘trigger’ people who have experienced sexual violence. Services are available for people experiencing difficulties. Anyone who needs support should reach out to those organisations.

If you or someone you know needs support, visit www.communityservices.act.gov.au/sexual-assault-prevention-and-response/support-services-available-in-the-act.

• With AAP