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Evidence for Bruce Lehrmann case vanishes after top cop’s hard drive tech disaster

The lead detective in Bruce Lehrmann’s rape case has lost whole folders of evidence in a number of active court cases, as the former staffer’s diary notes are revealed.

Exclusive: A lead detective handling Bruce Lehrmann’s rape case accidentally lost whole folders of evidence that she stored on a personal hard drive, a mistake she tried to salvage with a cord from JB-HiFi.

The bungle was laid out in an affidavit lodged by Queensland Police on Detective Ryder’s behalf in the Toowoomba District Court last Thursday to address why police didn’t hand over all the evidence from the rape investigation to the Office of the Director of Public Prosecutions (ODPP).

According to documents lodged in court by the ODPP in June, Detective Ryder did not disclose six audio recordings to the public prosecutor – including recorded phone calls with Lehrmann’s former lawyer, a witness, and the alleged victim who can’t be named for legal reasons.

Bruce Lehrmann is pictured nannying children this year Picture: Supplied
Bruce Lehrmann is pictured nannying children this year Picture: Supplied

Her new affidavit did not address those six items. It detailed the existence of two additional recordings.

Detective Ryder said in her affidavit, seen by this masthead, that she bought the hard drive herself and used it to store files from a number of active court cases, including full briefs of evidence with copies of witness statements, along with video and audio recordings.

Also saved on the drive were two recordings from the Lehrmann investigation, including a phone call with Lehrmann himself, and another with a witness, according to the affidavit.

She said the drive started malfunctioning “for unknown reasons” sometime between April and May 2022, after she took it with her to detective training at the Oxley Police Academy.

“During my attendance at the Academy, I was able to utilise my hard drive and there were no issues,“ her affidavit read.

She said that she tried to access the drive at Toowoomba Police Station, but it wouldn’t work on any computer.

“I bought a brand new cord from JB-HiFi in an attempt to access the hard drive, which did not work. I attempted to open it on another [Queensland Police] computer, however that did not work either,” the affidavit read.

A month later, Detective Ryder asked someone from the District Electronic Evidence Unit to help, but they couldn’t open any files or restore the folders. She said in her affidavit that the drive was then destroyed by the District Electronic Evidence Unit.

Further, Detective Ryder’s affidavit says her recorded call with Lehrmann took place on April 8, 2022 – the year before he was charged with rape.

Bruce Lehrmann and solicitor Zali Burrows in Hobart. Picture: Elise Kaine
Bruce Lehrmann and solicitor Zali Burrows in Hobart. Picture: Elise Kaine

Lehrmann claims he did not know the call was being recorded. He took diary notes immediately afterwards.

The notes, seen by this masthead, were dated April 8, 2022. They read: “Two [Queensland Police Service] officers called, couldn’t remember their names, from Toowoomba.

“Investigating me, would not say what for when I pressed them. Wanted to speak in person. Said I am interstate.

“Asked again for details, not given. No police caution. Call ended after five minutes approx.

Lehrmann’s notes also said he referred police to his former lawyer, John Korn.

Detective Ryder’s affidavit and claims concerning the missing evidence are expected to form part of Lehmann’s application for a permanent stay on the criminal proceedings.

If successful, that would mean the rape charges would be dropped and the case would never be heard in court.

His lawyer Zali Burrows told this masthead: “These are all very serious matters that are before the court by way of our permanent stay application. I am unable to comment further at this stage.”

In June, Ms Burrows lodged an application in response to an affidavit filed by the practice manager at the ODPP which said the public prosecutor was only made aware in June that Detective Ryder had six audio recordings from phone calls that were not originally provided in the brief of evidence - including a call with a witness, four audio recordings with Lehrmann’s former legal representative, and two audio recordings with the alleged victim.

Bruce Lehrmann is pictured outside Toowoomba Magistrates Court. Picture: NewsWire
Bruce Lehrmann is pictured outside Toowoomba Magistrates Court. Picture: NewsWire

The ODPP’s affidavit read: “Detective Senior Constable Ryder confirmed that she was not in possession of anything that may be reasonably considered to be adverse to the reliability or credibility of a proposed witness for the prosecution.”

Queensland Police have been contacted for comment.

Lehrmann is accused of raping a woman twice after they met at a strip club on October 10, 2021.

The pair allegedly had consensual sex, before the alleged victim fell asleep.

She allegedly woke up to find Lehrmann was having sex with her and told him to stop. She made her formal police complaint on November 26, 2021.

Lehrmann is yet to enter a plea, but he is expected to fight the allegations.

The matter will return to court on Thursday.

Originally published as Evidence for Bruce Lehrmann case vanishes after top cop’s hard drive tech disaster

Original URL: https://www.heraldsun.com.au/news/national/evidence-for-bruce-lehrmann-case-vanishes-after-top-cops-hard-drive-tech-disaster/news-story/5925ad2727717fd53ad4e6d07f82b26d