Police and Director of Public Prosecution’s relationship ‘beset with tension’ from outset, inquiry hears

An independent inquiry into the handling of the high profile case against Bruce Lehrmann has revealed its next steps as it held its first public hearing.

The relationship between the Director of Public Prosecutions and police was “beset with tension” from the outset, an inquiry into the handling of the Bruce Lerhmann case has heard.

Retired judge Walter Sofronoff presided over the first public hearing of the independent Board of Inquiry on Monday.

It will investigate whether police, the DPP, or the Victims of Commissioner breached their duties during the high profile case.

Mr Lehrmann pleaded not guilty to one charge of sexually assaulting former colleague Brittany Higgins. The original trial was aborted due to jury misconduct.

A retrial did not proceed due to concerns over Ms Higgins’ mental health. Mr Lehrmann has vehemently denied the allegations and there have been no findings against him.

The sexual assault charge was formally dropped by the DPP.

The charge against Mr Lehrmann was dropped last year. Picture: NCA NewsWire/ Flavio Brancaleone

The public inquiry will hear from central figures involved in the prosecution, including DPP Shane Drumgold and defence counsel Stephen Whybrow.

Lawyers representing Mr Drumgold, Mr Whybrow, VCC Heidi Yates, ACT Policing, the AFP and Network Ten journalist Lisa Wilkinson all sought leave to appear before the probe.

Counsel assisting Erin Longbottom told the inquiry the relationship between ACT Policing and the DPP had been fractured from the beginning.

“Those involved in the meetings appear to have somewhat different perceptions of what occurred,” Ms Longbottom said.

The inquiry heard the main points of “conflict” were whether it was proper for a second evidence in chief interview with Ms Higgins be conducted, “confusion” whether Mr Lehrmann should be charged and a disagreement on matters of credibility related to the complainant.

Chair Walter Sofronoff will report back to the. Picture: NCA NewsWire/Tertius Pickard

A delivery of a brief of evidence, which included counselling notes about Ms Higgins, to Mr Lehrmann’s defence lawyers before he entered a plea was also a source of tension.

Ms Longbottom said the “apparent close engagement” between investigating officers and the defence during the trial “led to some distrust between police and the DPP.”

Counsel assisting said the “intense media and public interest” in the case, in part due to the alleged offence occurring at Parliament House, and the concurrent conversation about sexual violence against women had “seemingly affected” those involved its handling.

“That context also brought into question the threshold for charging and continuing the prosecution of an allegation of sexual intercourse without consent. And the significance of the credit of the complainant in those decisions,” Ms Longbottom said.

The ACT government established the inquiry to ensure criminal matters were prosecuted in a way that was robust, fair and respected the rights of those involved. Ms Longbottom stressed the inquiry was not about the allegations made by Ms Higgins.

More than 143,000 documents and 33 statements have been collected by the inquiry, which has been set down for four weeks of public hearings beginning May 1.

The board of inquiry will report back to the territory government by June 30.

Originally published as Police and Director of Public Prosecution’s relationship ‘beset with tension’ from outset, inquiry hears