Bombshell letter to be part of inquiry into Bruce Lehrmann police investigation
The release of a bombshell letter will be a focus of an inquiry into how the police handled investigations of Brittany Higgins’ rape allegation.
A powerful inquiry into bombshell claims that police aligned themselves with the defence of Bruce Lehrmann during the investigation of Brittany Higgins rape allegation may also probe the AFP’s decision to brief then minister Peter Dutton on her case.
Speaking today at a press conference in Canberra, the ACT Chief Minister Andrew Barr and Attorney General Shane Rattenbury said the inquiry had been devised to “bring sunlight” to allegations raised.
During the trial, Ms Higgins said that she was scared to hand over her phone to police during the investigation because of rules that required the police to brief then Home Affairs minister Peter Dutton on “sensitive investigations”.
“The terms of reference would enable that to be considered,’’ Mr Rattenbury said.
Mr Dutton has previously told Parliament that the AFP briefed him on the matter unprompted in early 2021 following Ms Higgins decision to re-engage with police.
He did not seek the briefing but was provided with it as a result of AFP protocol because it was politically sensitive.
The same briefings are now provided to the Albanese Government in line with AFP policy.
At the time, Mr Dutton, as home affairs minister, confirmed to Parliament that the briefing occurred on February 11, 2021, before the media contacted the government for comment about Ms Higgins allegation.
Asked about the sensitive investigation protocol in place, Mr Barr said clearly there had to be some way that the AFP briefed the Federal Government.
However, he said there were things that were troubling about the entire saga.
“So this whole thing is laced with politics,’’ he said.
Mr Rattenbury said the government would not dictate how the inquiry was conducted but had signalled that they wanted it done in a manner that provides public confidence.
“Certainly in the preliminary conversations we’ve had with Mr Sofronoff KC, we have conveyed the government’s desire to bring sunlight to this matter, to be very transparent about it,’’ he said.
Bombshell letter part of Lehrmann inquiry
Theprobe into the police investigation of Bruce Lehrmann will consider whether or not the Australian Federal Police, the Director of Public Prosecutions and the ACT Victims of Crime Commissioner acted in breach of their duties during the investigation of Brittany Higgins’ rape allegation.
news.com.au revealed on Tuesday that the inquiry will be led by eminent retired judge Walter Sofronoff KC and will have the power to subpoena documents and witnesses and issue search warrants.
The Board of Inquiry will report to the Chief Minister by June 30, 2023.
It follows the DPP Shane Drumgold’s bombshell claim in a letter that police “clearly aligned with the successful defence of this matter rather than its prosecution”.
But now the circumstances of the release of the letter under freedom of information laws will also be probed by the retired judge.
“The allegations and complaints made against our criminal justice agencies are serious,” Chief Minister Andrew Barr said.
“Mr Sofronoff is a highly regarded legal expert with experience leading sensitive inquiries throughout his career. He was also Queensland’s Solicitor-General for almost 10 years. I am confident that Mr Sofronoff will deliver a thorough and respectful independent inquiry.”
A single charge of sex without consent against Bruce Lehrmann was dropped by the DPP in December after the first trial collapsed as a result of juror misconduct. Lehrmann pleaded not guilty to the charge and has always strongly denied the allegation.
The Terms of Reference have now been finalised, and include:
- Whether any police officers failed to act in accordance with their duties or acted in breach of their duties in their conduct of the investigation of the allegations of Ms. Brittany Higgins concerning Mr Bruce Lehrmann.
- It will also examine their dealings with the Director of Public Prosecutions in relation to his duty to decide whether to commence, to continue and to discontinue criminal proceedings against Mr Lehrmann in relation to those allegations.
- Police dealings with the legal representatives for Mr Lehrmann before, during or after the trial in the matter of R v Lehrmann; in their provision of information to any persons in relation to the matter of R v Lehrmann.
- If any police officers so acted, their reasons and motives for their actions.
- Whether the Director of Public Prosecutions failed to act in accordance with his duties or acted in breach of his duties in making his decisions to commence, to continue and to discontinue criminal proceedings against Mr Lehrmann.
- If the Director of Public Prosecutions so acted, his reasons and motives for his actions.
- The circumstances around, and decisions which led to the public release of the ACT Director of Public Prosecutions’ letter to the Chief Police Officer of ACT Policing dated 1 November 2022.
- Whether the Victims of Crime Commissioner acted in accordance with the relevant statutory framework in terms of support provided to the complainant in the matter of R v Lehrmann.
- Any matter reasonably incidental to any of the above matters.
“The Board of Inquiry was established to ensure the Territory’s framework for progressing criminal investigations and prosecutions is robust, fair and respects the rights of those involved,” Attorney-General Shane Rattenbury said.
“It is important to remember that this will not be a retrial of the case, it will focus on whether the criminal justice officials involved performed their duties with appropriate rigour, impartiality, and independence.”
The decision not to proceed with a second trial followed the Director of Public Prosecution’s determination that a second trial posed an unacceptable threat to Ms Higgins’ mental health.
The inquiry, with the powers of a royal commission, is also likely to consider claims that police sent prohibited material including Brittany Higgins’ confidential counselling notes to the accused’s original lawyers.
A former Queensland Solicitor-General, Mr Sofronoff KC most recently led the high profile Commission of Inquiry into Forensic DNA Testing in Queensland.
He previously served as the President of the Queensland Court of Appeal (2017–2022) and as the Solicitor-General of Queensland from 2005 to 2014.
Most recently, he conducted the Commission of Inquiry into Forensic DNA Testing in Queensland which heard evidence that Queensland uses “significantly inferior” rape kits when collecting vital DNA evidence from rape victims during invasive and often re-traumatising medical examinations.
Bruce Lehrmann has previously urged the inquiry into the aborted trial over Brittany Higgins’ rape allegation to include “all aspects” of the matter including the decision “not to prosecute various individuals”.
“Mr Lehrmann welcomes an inquiry and hopes the terms of reference will extend to an examination of all aspects of this matter, including decisions not to prosecute various individuals and the efforts taken by the DPP to ensure a fair trial,” Mr Lehrmann’s lawyer Steve Whybrow said last year.
After the subsequent trial was aborted, Mr Lehrmann’s legal team also called for the police and the ACT Supreme Court to examine whether or not Ms Higgins speech outside the court might constitute contempt.
Ms Higgins’ only public response last year was on Instagram where she wrote, “Sunlight is the best disinfectant” across a link to a news article on the planned inquiry.
The ACT Government announced the probe last year stressing it would not be about recontesting Brittany Higgins rape allegation but the conduct of criminal justice agencies.
The Director of Prosecutions Shane Drumgold wrote to the ACT police chief Neil Gaughan, after the collapse of the trial outlining a number of serious concerns.
“There has now been over one-and-a-half years of consistent and inappropriate interference by investigators, firstly directed towards my independence with a very clear campaign to pressure me to agree with the investigators’ desire not to charge, then during the conduct of this trial itself, and finally attempting to influence any decision on a retrial,’’ Mr Drumgold said.
“Then when charges resulted, the [investigators’] interests have clearly aligned with the successful defence of this matter rather than its prosecution.”
In the DPP’s extraordinary letter, released under freedom of information laws, he also accuses police of “bullying” Ms Higgins and asks in the letter that police not contact Ms Higgins or other witnesses.
The ACT Police chief Neil Gaughan had previously backed public inquiry into the trial of Bruce Lehrmann that extends to the conduct of the prosecutor, the police and “the allegation of contempt” over Brittany Higgins’ speech outside court at the conclusion of the trial.
The AFP Deputy Commissioner outlined his demands in a leaked internal email that complained the ACT Director of Public Prosecutions Shane Drumgold released private correspondence to a journalist under freedom of information laws without consulting police.
“I welcome a public inquiry into all aspects of the matter including, (but not limited) to the actions of police, the prosecution and defence, issues leading to delays in the trial, issues leading to the subsequent mistrial, the decision not to proceed and the associated allegations of contempt of court,’’ the ACT police chief Neil Gaughan said in the email to staff.
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