Bruce Lehrmann responds to Sofronoff report which found Shane Drumgold lied during rape trial

Liberal Senator Linda Reynolds has lodged a writ of defamation against Brittany Higgins over social media posts that accused her of harassment. It comes as Bruce Lehrmann praised an inquiry into the conduct of prosecutors in his high profile sexual assault trial.

Liberal Senator Linda Reynolds has lodged a writ of defamation against Brittany Higgins over social media posts that accused her of harassment.

The writ, filed in the West Australian Supreme Court, seeks aggravated damages for an Instagram story and a Twitter post she claimed were defamatory of her and constituted a breach of a deed of settlement and release signed in March, 2021.

Ms Reynolds is also suing Ms Higgins’ partner David Sharaz over a series of tweets the senator claims were defamatory.

News of the lawsuit comes as Bruce Lehrmann praised an inquiry into the conduct of prosecutors in his high profile sexual assault trial, saying the team behind the report deserve credit for “pulling back the covers and exposing what really is a dark chapter for the ACT legal system.”

Mr Lehrmann issued the statement late Wednesday night after The Australian newspaper reported contents of the report by respected jurist Walter Sofronoff into the conduct of ACT chief prosecutor Shane Drumgold.

Senator Linda Reynolds is also suing Ms Higgins’ partner David Sharaz over a series of tweets the senator claims were defamatory. Picture: Sky News

The conclusions of Mr Sofronoff’s inquiry as reported by The Australian were damning as to Mr Drumgold’s conduct in the case.

According to Mr Sofronoff’s report, Mr Drumgold knowingly lied to the Supreme Court, attempted to hide evidence from Mr Lehrmann’s defence team, and “kept the defence in the dark about the steps he was taking to deny them the documents that meant they were in no position to mount a challenge”.

An investigation into the trial of Bruce Lehrmann has found ACT’s chief prosecutor “lost objectivity”, “lied” to the Supreme Court. Picture: 7 Spotlight

ACT Director of Public Prosecutions Shane Drumgold is under fire. Picture: NCA NewsWire/ Dylan Robinson

Mr Sofronoff found no basis to Mr Drumgold’s allegations concerning the conduct of the police investigation.

“The result has been a public inquiry, which was not justified by any of his allegations, that has caused lasting pain to many people and which has demonstrated his allegations to be not just incorrect, but wholly false and without any rational basis,” Mr Sofronoff concluded.

The Sofronoff inquiry did reveal that the decision to charge and prosecute Bruce Lehrmann was the correct course of action.

Mr Sofronoff’s report was held in the wake of the aborted trial of Mr Lehrmann, who was accused of raping fellow political staffer Brittany Higgins in 2019.

Mr Lehrmann has always vigorously denied the allegations.

A single charge of sexual assault was dropped by the ACT DPP late in 2022 after a trial was aborted due to juror misconduct.

Among the most serious claims made by Mr Sofronoff include a claim that Mr Drumgold attempted to hide the so-called Moller Report which detailed police claims of discrepancies in Ms Higgins’ evidence.

While Mr Sofronoff was damning of Mr Drumgold, he praised many others for their conduct in the case including police who “performed their duties in absolute good faith, with great determination although faced with obstacles, and put together a sound case”.

Mr Lehrmann said, “Much of what we are reading my brilliant criminal defence team led by Stephen Whybrow SC suspected all along.”

“I owe everything to the lawyers who have surrounded me.”

“It is a credit to Mr Sofronoff and his team for pulling back the covers and exposing what really is dark chapter for the ACT legal system,” he said.

Mr Sofronoff’s report was handed to the ACT government on Monday but rather than release its contents officially, the territory has indicated it will not post the report for three to four weeks until cabinet and senior officials have had a chance to digest its contents.

It is widely expected that Mr Drumgold’s position as chief prosecutor will come under question in the wake of the report’s findings.

DRUMGOLD AND THAT LOGIES SPEECH

Lisa Wilkinson’s Logies speech sparked a four-month delay to the trial, and the Chief Justice’s stern criticism of Ms Wilkinson contributed to a firestorm of adverse publicity.

The Channel 10 broadcaster ultimately left The Project in the wake of the fallout and has not returned to the airwaves since late last year.

Mr Drumgold always maintained he warned her about the danger of making comments that might endanger Mr Lehrmann’s rape trial, news.com.au reported Thursday morning.

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

Ms Wilkinson disagreed, and Mr Sofronoff found that he preferred her evidence over the DPP’s.

Mr Drumgold even presented a note concerning a video conference with Ms Wilkinson to Chief Justice Lucy McCallum that suggested he did give a warning.

When asked if it had been written contemporaneously by a junior lawyer present, he told the court this was the case.

In fact, it was updated only after Ms Wilkinson delivered her speech and the DPP was aware of the looming controversy.

Brittany Higgins and Lisa Wilkinson in 2022. Picture: Lisa Maree Williams/Getty Images

As such, The Australian reported on Wednesday night that Mr Sofronoff had found Mr Drumgold “knowingly lied to the Chief Justice”.

“For the Chief Justice’s purposes, the note was not contemporaneous,’’ the report states.

“I reject that a prudent and experienced barrister would behave in that way or make a mistake of this calibre.

“This is a wholly untenable excuse for a barrister of the seniority and experience of Mr Drumgold.”

Mr Sofronoff rejected Mr Drumgold’s insistence this was an honest mistake.

“He must have known that (Chief Justice) McCallum had found, as a matter of fact, that Ms Wilkinson had engaged in wilful defiance of his ‘appropriate’ warning and that her finding was based entirely on the proofing note,’’ the report states.

Mr Sofronoff writes that Ms Wilkinson was a very experienced broadcaster who should have been cautious about making such a speech given the proximity of the trial, but nevertheless, the DPP had a responsibility to the court.

“Instead, he did nothing and thereby left alive a threat to the trial,’’ he said.

DISCLOSURE

Mr Sofronoff finds the DPP abandoned the “golden rule” of disclosure and the practice of experienced prosecutors that “if in doubt, disclose”.

The Sofronoff inquiry finds that Mr Drumgold repeatedly tried to ensure the so-called Moller Report stayed out of the hands of the defence, despite the fact they were legally entitled to it.

“Mr Drumgold could not name a source (for the privilege claim) in his instructions to his staff member because, as Mr Drumgold admitted in his evidence, he himself was the source,’’ the report finds.

Mr Drumgold is accused of using “dishonest means to prevent a person he was prosecuting from lawfully obtaining material”.

LINDA REYNOLDS

Liberal senator Linda Reynolds leaves the ACT Supreme Court. Picture: AAP Image/Mick Tsikas

There is vindication too in the Sofronoff report for Senator Linda Reynolds.

The Sofronoff inquiry finds “there was not a single piece of evidence that anyone had applied pressure upon Ms Higgins that could legitimately be described as ‘strong political forces’”.

He does not agree with Mr Drumgold’s claims that Ms Reynolds “arranged” for her partner to attend court, and that he had been discussing Ms Higgins’ evidence with her, suggesting the claim was “tantamount to an allegation of an attempt to pervert the course of justice”.

“Mr Drumgold was examined about his understanding of this ethical principle. His ignorance deeply disturbed me. He fails to understand the difference between putting forward to a witness an allegation of misconduct as a fact and asking a witness whether or not something is a fact,’’ the report states.

“Mr Drumgold had no basis upon which to put that suggestion, which was intended to impute impropriety in Senator Reynolds in the eyes of the jurors.”

“The suggestion that Senator Reynolds as well as her partner were engaging in potentially criminal conduct was an improper one and should not have been made,” Mr Sofronoff said.

“Mr Drumgold’s comments were improper. They undermined the public’s confidence in the administration of justice and (it) was a failure in his duty as DPP.”

‘IMPROPER’ COMMENTS AFTER TRIAL

The report finds Mr Drumgold’s speech after the trial collapsed implied he “personally believed Ms Higgins’ complaint of rape was true and that, as a consequence, Mr Lehrmann was guilty”.

“The comments were improper and should not have been made,’’ the report states.

“It was not necessary for Mr Drumgold to express his views on the prospects of conviction at the time of discontinuance.

“Nor was it his function to identify himself with the complainant to a degree that he made a public statement of support.

“The motive for this was good; the decision was bad.”

News.com.au has contacted Shane Drumgold, his legal representative, Bruce Lehrmann and Lisa Wilkinson for comment.