ACT government announces inquiry into Bruce Lehrmann trial

Brittany Higgins has responded after an inquiry into the aborted trial over her rape allegation was announced.

Bruce Lehrmann has 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”.

The reference appears to point to the debate over whether or not comments made outside the Supreme Court by a number of people should be examined over whether or not they constituted contempt.

“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.

The first trial was delayed for several months following Ms Wilkinson’s Logies speech.

ACT Supreme Court Chief Justice Lucy McCallum postponed the trial “regrettably and with gritted teeth”, after Lisa Wilkinson made a speech at the 2022 Logie Awards on June 19.

“Notwithstanding that clear and appropriate warning, upon receiving the award Ms Wilkinson gave a speech in which she openly referred to and praised the complainant in the present trial,” Justice McCallum said.

Justice McCallum rejected the first stay application to delay the trial based on the pre-trial publicity in April.

“Extensive media reporting of allegations of criminal conduct is not a mischief in itself,’’ she said.

“On the contrary, it is appropriate to recognise that the media play an important role in drawing attention to allegations of criminal or other misconduct and any shortcomings in the treatment of such allegations.”

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 today was on Instagram where she wrote, “Sunlight is the best disinfectant” across a link to a news article on the planned inquiry.

Bruce Lehrmann has ‘welcomed’ the inquiry. Picture: NCA NewsWire / Gary Ramage

The conduct of the Australian Federal Police and the Director of Public Prosecutions Shane Drumgold during the trial will be the subject of a powerful new probe with the power to issue search warrants and compel witnesses to give evidence, the ACT Government announced today..

The inquiry with the powers of a royal commission will be established to examine claims that the AFP “aligned” themselves with the defence and sent prohibited material including Brittany Higgins’ confidential counselling notes to her original lawyers.

The powerful probe will also examine the “appropriateness of the ACT Victims of Crime Commissioner Heidi Yates aligning herself with the complainant”, according to a government statement and the conduct of the DPP that has made a range of claims about the conduct of police.

It will also examine whether new laws need to be enacted to cover juror misconduct after the first trial was aborted following an allegation a juror brought a prohibited academic research paper on sexual assault into the jury room.

A single charge of sex without consent against Mr Lehrmann was dropped this month. It followed the Director of Public Prosecutions determination that a second trial posed an unacceptable threat to Ms Higgins mental health.

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Brittany Higgins. Picture: NCA NewsWire / Gary Ramage

Bruce Lehrmann. Picture: NCA NewsWire / Gary Ramage

Mr Lehrmann has always maintained his innocence and was never convicted of a crime. In the wake of the collapse of the prosecution, news.com.au revealed that Ms Higgins was in negotiations with the Commonwealth over a multimillion-dollar compensation claim of up to $3 million. A confidential settlement was reached this month.

The ACT Government announced the probe on Wednesday morning stressing it will not be about recontesting Brittany Higgins rape allegation but the conduct of criminal justice agencies.

“The inquiry will consider whether the functions of the various criminal justice (agencies) involved to discharge with appropriate rigour, independence,’’ ACT chief minister Andrew Barr said.

“This inquiry will be able to hold public hearings. It can also hold private hearings, if it determines to do so. It can issue search warrants. It can compel the production of documents and it can compel the attendance of witnesses and take evidence on oath.

“ACT policing, the DPP, the Victims of Crime Commissioner will all co-operate with this inquiry.”

Brittany Higgins walking to court on day four of the trial with ACT Victims of Crime Commissioner Heidi Yates (left). Picture: NCA NewsWire / Gary Ramage

The terms of reference will be determined in consultation with the eminent legal expert who will lead the inquiry and it has a tentative reporting date of June, 2023.

“As the first law officer of the ACT I am deeply concerned by the allegations that we have seen in recent weeks following the decision to discontinue the matter,’’ Attorney-General Shane Rattenbury said.

“The ACT government is absolutely mindful of the need for public confidence in the criminal justice system here in the territory.”

“I want to make clear that this inquiry is not about reviewing the trial. Any evidence in the trial, or the outcomes of the trial, or those matters are appropriately for our courts, and have been addressed in the courts.

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.”

Director of Public Prosecutions Shane Drumgold SC. Picture: NCA NewsWire / Martin Ollman

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.

“This includes no further contact with defence or other prosecution witnesses, no contact with the complainant, and prohibiting attendance at court beyond formal evidence if required,” he wrote.

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 complains 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.

“Operation Covina has been a challenging case for all involved. I acknowledge the dedication, professionalism and commitment of the officers involved in the investigation.”

After the trial, Ms Higgins gave an emotional speech outside court, which was followed by Mr Lehrmann’s lawyers bringing the speech to the attention of the ACT Supreme Court and the AFP over concerns it may constitute a contempt of court.

The Australian Commission for Law Enforcement Integrity is already examining the police investigation into Brittany Higgins’ complaint after bombshell claims some police aligned themselves with Bruce Lehrmann’s defence team but the ACT police want a broader inquiry.

The Australian Federal Police Association also backed a full judicial inquiry.

“The police officers in this case were hand-picked and very seasoned investigators. It wasn’t their first rodeo,’’ AFPA President Alex Caruana said.

“Calling into question their integrity, and then subsequently releasing that info under freedom of information not only drags their name through the mud … it also puts at risk their personal security and safety. Organised crime gangs in Australia are very sophisticated. We have police officers currently where crooks are turning up at their house. The fact (the DPP) has done that without consulting the chief police officer or the members involved is a rookie error.”