ACT DPP Shane Drumgold ‘on leave’ after bruising week of cross examination

The ACT DPP has gone on leave after a week of bruising cross examination over his conduct during an inquiry examining Bruce Lehrmann prosecution.

The ACT Director of Public Prosecutions Shane Drumgold has gone on leave after a week of bruising cross examination over his conduct during an inquiry examining the prosecution of Bruce Lehrmann.

The cross examination focused on questions over his decision to tell the ACT Supreme Court Justice that a note of his discussions with Lisa Wilkinson over her Logies speech was contemporaneous when it was not and why he resisted disclosing a police dossier in the case to the defence,

The ACT government has appointed Anthony Williamson SC — the Deputy Director of Public Prosecutions — to act in the position until June 13.

Attorney-General Shane Rattenbury’s office confirmed that Mr Drumgold has asked to take leave as the inquiry led by Walter Sofronoff KC continues and the request had been granted.

ACT DPP Shane Drumgold has gone on leave. Picture: Supplied

The cross examination focused on questions surrounding Lisa Wilkinson’s Logies speech. Picture Supplied

Mr Drumgold has not stood aside and has not been asked to stand aside.

He is expected to return to the witness box in future hearings for additional cross examination after the police have given evidence.

The top prosecutor has faced calls to resign after he admitted to a string of failures after a bruising week of hearings in Canberra.

But any attempt to remove him from office without consent would be fraught under ACT legislation.

That is because the Director of Public Prosecutions is an independent statutory officer appointed by the Executive.

The Attorney-General may give directions to the Director, but any such directions must not be given without prior consultation; must be in writing and be presented to the Legislative Assembly; and be of a general nature only and not refer to a specific case.

The ACT law ensures that the Director’s prosecuting role is independent of the police and other investigative agencies.

Criminal defence lawyer Peter Woodhouse, who called for Mr Drumgold to stand aside last year, noted in that blog that DPP’s tenure is for a specified period.

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

“In Mr Drumgold’s case he has tenure until December 2025 and cannot be removed from office except in exceptional circumstances,” he wrote.

“That security in the DPP’s appointment is supposed to provide them with some cover from political interference. If Mr Drumgold’s decision to prosecute Mr Lehmann has been influenced in any way by political pressure, his position as ACT DPP is not sustainable and he must resign.”

Mr Lehrmann’s trial was charged with the alleged rape of Brittany Higgins in August, 2021.

But his trial was aborted in October 2022 when the Chief Justice Lucy McCallum discharged the jury following an allegation of juror misconduct.

The DPP subsequently dropped the charge in December, 2022, citing an unacceptable risk to the life of a complainant if a second trial was to proceed.

Mr Lehrmann maintains his innocence.

The inquiry’s public hearings will resume on Monday, with detectives who led the investigation into Brittany Higgins rape allegation expected to give evidence.

More to come