Akerman: Inquiry into Lehrmann prosecution exposes lack of expertise in ACT judiciary

An average observer with exposure to the political-judicial world could reasonably believe that the ACT’s administration of justice is seriously flawed, writes Piers Akerman.

The dysfunctional Green-Labor ACT government’s policies are coming sharply into focus through the lens provided by the wokester capital’s ongoing inquiry into its criminal justice system.

What’s been displayed appears to show a lack of expertise by people holding senior offices within the ACT justice system.

An average observer with exposure to the political-judicial world could

reasonably believe that the ACT’s administration of justice is just as flawed as that in Victoria, where the late Cardinal George Pell was convicted and jailed and had his appeal rejected by the Victorian court of appeals, only to have the High Court bench unanimously overturn his conviction.

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Shane Drumgold SC speaking at the Australian Capital Territory’s Board of Inquiry into the Criminal Justice System.

The board of inquiry chaired by the eminent former senior judge Walter Sofronoff has shown both the ACT Director of Public Prosecutions, Shane Drumgold and the Victims of Crime Commissioner Heidi Yates, seemingly lack a complete understanding of their functions.

The inquiry was called by the toy territory’s Chief Minister Andrew Barr last December 21 following a letter sent by DPP Shane Drumgold SC to Police Chief Neil Gaughan on November 1 outlining his concerns over police conduct during their investigation of the alleged rape of parliamentary staffer Brittany Higgins by her colleague Bruce Lehrmann in the office of their boss, former defence industry minister Linda Reynolds on March 23, 2019.

Mr Lehrmann has always denied the allegation and pleaded not guilty.

Bruce Lehrmann leaves the ACT Civil and Administrative Tribunal in Canberra. Picture: NCA NewsWire/Martin Ollman

According to Drumgold, police pressured him not to prosecute Lehrmann.

The Higgins case began on October 4, 2022, but was abandoned on October 27 while the jury was considering its verdict when it was found a juror had conducted private research and taken his findings into the jury room.

The case was relisted for hearing in February but Drumgold announced on December 2, 2022, he would not proceed because of his serious concerns about Higgins’ mental health though he said he held the view there was a reasonable prospect of conviction.

Drumgold took leave after punishing days in the witness stand during which he speculated about possible political conspiracies between the Morrison government and the Australian Federal Police, between senior ministers and Lehrmann’s defence team, and between the AFP and defence lawyers. There was no evidence to support these claims and Drumgold subsequently admitted he was “mistaken about political interference in the investigation of Mr Lehrmann’’.

Lisa Wilkinson makes her speech at the 2022 Logies. Picture: Channel 9

His claim to have warned television identity Lisa Wilkinson about a speech she was to make at the Logie awards is also disputed by Wilkinson and her network’s lawyers.

Drumgold also “inaccurately” told the ACT Supreme Court that police believed an investigative review document, known as the Moller report, was subject to legal professional privilege despite the Australian Federal Police telling him in a meeting that they did not intend to make such a claim.

Victims of Crime Commissioner for the ACT Heidi Yates (left) with Brittany Higgins. Picture: NCA NewsWire/Damian Shaw

Then there is Victims of Crime Commissioner Heidi Yates who acted as an intermediary between the alleged rape victim and police and whose multiple appearances walking Higgins to court and standing with her at media conferences sparked ongoing controversy. It is unthinkable that the commissioner in any other area, roads, police or fire, would be driving a steamroller, heading a murder investigation or holding a hose.

As no crime had been proven was it proper for her to make so many high profile appearances?

Sofronoff’s report is due in July.

The public, the legal profession and police are eagerly anticipating the learned jurist’s opinion of ACT-style.