Bruce Lehrmann's lawyer fights Toowoomba rape trial over police files

Bruce Lehrmann’s lawyer has claimed a ‘new invention’ by the complainant after viewing CCTV footage from the night of the alleged rape.

Former Liberal staffer Bruce Lehrmann is yet to enter a plea, but he is expected to fight the rape allegations. Picture: Don Arnold/File

A year after Bruce Lehrmann failed to argue police didn’t have enough evidence to trial him for two charges of rape, he now alleges the case shouldn’t go ahead because of the way the investigation was handled.

The former Liberal staffer is accused of raping a woman in 2021 after meeting her on a night out in the Toowoomba CBD.

Almost four years later, a trial date has still not been set for the charges to be heard before the Toowoomba District Court.

Judge Benedict Power KC ordered a hearing date for the trial to be listed to move the case forward, however when the time came to do so, Mr Lehrmann’s lawyer refused to do so.

Lehrmann is yet to enter a plea, but he is expected to fight the rape allegations. Picture: Don Arnold/File

Appearing before a Toowoomba District Court call-over on Thursday, July 31, solicitor Zali Burrows told Judge Deborah Richards there were a number of legalities and arguments to sort out.

“It is premature to set down a trial date for several reasons,” she said.

“Firstly, Mr Lehrmann was only indicted in December last year, and with a change in lawyer in March this year, we’re still actively seeking disclosure of material.

“Secondly, the investigation is still presently active as we’re informed a witness was contacted by Queensland Police for the first time nearly four years after the event.

“And it’s only in April this year, the (alleged victim) was shown CCTV footage for the first time from… October 2021 in order for her to remember things.

“She’s (allegedly) come up with a new invention that was not in her original statement.

“Thirdly, we are receiving (police) material in a piecemeal fashion.

Zali Burrows, the lawyer for Bruce Lehrmann, outside the Toowoomba Courthouse. Picture: NewsWire/Tertius Pickard

“There’s also… a subpoena (we) issued to the Commissioner of Police for the disclosure of material with public interest and (claims of professional privilege).

“And importantly, your honour, there is an application for a permanent stay of proceedings on the basis of (alleged) destruction of (police material).

“The officer in charge of this investigation has lost material that was stored on a personal hard drive… because she’s claimed the hard drive malfunctioned for an unknown reason.”

Ms Burrows said she might submit further applications to the court as she expects more legal issues to arise while she waits for all the information she requested from police.

Judge Richards interrupted Ms Burrows, and told her she was “off the hook” in respect to a trial date, given the court had no time to hear it in 2025 and a calendar was yet to be set for 2026.

In 2023 Mr Lehrmann filed an application to the courts in a bid to protect his identity, which failed, and more recently he asked his lawyer to backtrack on a hearing into allegations that investigators illegally recorded a conversation with his former solicitor.
This time last year, Mr Lehrmann put forward a ‘no case submission,’ with his former legal team arguing there wasn’t enough evidence before the courts to uphold the rape allegation and the subsequent trial of Mr Lehrmann.

Former parliamentary staffer Bruce Lehrmann leaves Toowoomba Magistrates Court in June when his no-case submission failed. Picture: NewsWire / John Gass

After the alleged victim was cross-examined in the Toowoomba Magistrates Court during the ‘no case submission’ hearing before magistrate Mark Howden, the application was thrown out, and Mr Lehrmann was committed to stand trial.

During those proceedings, details about the night the alleged rape occurred were heard in court.

The court was told Mr Lehrmann took the woman home with him after sharing cocaine with her at a strip club, and that the pair engaged in consensual sex, however later the woman allegedly woke to find Mr Lehrmann on top of her.

She alleged she lay motionless and told him to stop, which allegedly prompted Mr Lehrmann to console her by repeating “it’s OK, it’s OK”.

It’s alleged the rape continued until Mr Lehrmann ejaculated.

If Mr Lehrmann’s current application to have the case thrown out is unsuccessful, it is not yet known if the rape trial will proceed before a judge or a jury panel.

The application was set down to be heard before the court on September 26, and on August 28, the court will hear the application in regards to the subpoena issues to the Commissioner of Police.

Originally published as Bruce Lehrmann's lawyer fights Toowoomba rape trial over police files