Bruce Lehrmann accuses DPP of ‘professional misconduct’ over handling of trial
Former Liberal staffer Bruce Lehrmann has lodged a formal complaint of professional misconduct targeting the Director of Public Prosecutions Shane Drumgold.
Former Liberal staffer Bruce Lehrmann has lodged a formal complaint of professional misconduct targeting the Director of Public Prosecutions Shane Drumgold accusing him of failing to deliver a stronger warning to Channel 10’s Lisa Wilkinson and Brittany Higgins about public comments regarding his trial.
The allegations are contained in a leaked letter that was sent to the ACT Bar Association on December 9, in the wake of the collapse of the first trial following juror misconduct and the decision to drop the charge and not proceed with a second trial.
First reported by The Australian newspaper and obtained by news.com.au, the correspondence accuses Mr Drumgold of continuing to display professional misconduct by pursuing the matter through the media, despite him discontinuing the prosecution.
“By doing so, he is bringing into disrepute his own office, the fine work and reputation of the Australian Federal Police and your members,’’ Mr Lehrmann writes.
“His public behaviour continues to smear my name and the presumption of innocence that is a cornerstone of our justice system and that demands him to uphold.
“More importantly to me, he impugns the conduct of my legal team, who have been family to me and without them, I would not be here today.
“I am innocent of the charge pursued against me by The Director. I have always, strongly maintained my innocence.”
News.com.au has contacted Mr Drumgold for comment in relation to the complaint.
The ACT Bar Association does not appear to have taken any action to date, pending the ACT inquiry announced this week to be led by a retired judge Walter Sofronoff.
It will examine the DPP’s bombshell claims the police aligned themselves with the Defence and will consider the police forces dealings with Mr Lehrmann’s defence team.
The correspondence outlines Mr Lehrmann’s claim that the DPP frequently did not fulfil the prosecutorial obligation to ensure a fair trial.
“I contend that his conduct was driven by malice towards me personally. I also consider that his conduct was political,’’ Mr Lehrmann said.
“By these failures, The Director has undermined the principle of equality before the law, and importantly, the presumption of innocence and a right to silence. He failed in his unique and special duties as a prosecutor.”
“I currently reside in Tasmania, where I have been seeking respite for some time away from the aggressive media spotlight and at the recommendation of my clinical psychologist.
“While he holds significant concerns about travel interstate and my wellbeing under intense media scrutiny, I am prepared to return to Canberra should you require me to discuss this letter in more detail and/or to give evidence in any investigation you may hold.”
Mr Lehrmann’s barrister Steve Whybrow is a former ACT Bar Association President and current member of the ACT Bar Association but the letter states he hasn’t consulted his lawyer in preparing the misconduct complaint. It’s understood Mr Whybrow has absented himself from considering the matter in the circumstances.
“This letter and complaint has been compiled by myself only and separate to my legal team, as such they have not seen any of its content but are aware I am making a complaint,’’ Mr Lehrmann said.
He also complains that his instructing solicitor wrote to DPP raising concerns about the speech Ms Higgins gave on the steps of the Supreme Court and the media attention it received.
“There is no evidence of any warnings The Director gave to Ms Higgins about the importance of not making public statements and the prejudicial impact on myself as the accused before she gave this speech,’’ Mr Lehrmann said.
He also states that his former defence counsel, Mr John Korn had a telephone conversation with The Director the day before Ms Higgins was to address the National Press Club.
The subject of this call was to establish whether The Director was to take any steps to stop the speech proceeding or provide warning to Ms Higgins.
“His reply to Mr Korn was remarkable,’’ Mr Lehrmann writes. “The Director indicated it was not his place to tell her what to do or say in the media. Mr Korn maintains detailed, contemporaneous file notes about his conversations with The Director.”
He also complains the prosecutor failed to obtain take down orders and/or take any reasonable steps to remove from circulation in the community, hard copy or internet publication of high profile material including Lisa Wilkinson’s Channel 10 Project interview, the ABC Four Corners report, the National Press Club address, Brittany Higgins’ Women’s march speech, her Comments to Marie Claire and Women’s Weekly.
“It may be noted though, that The Director only took steps to remove from circulation a book called ‘Ego’ by Aaron Patrick which was about former Prime Minister Malcolm Turnbull’s attempt to undermine the Liberal Party,’’ he writes.
He also notes that Lisa Wilkinson, in an apology letter to the Supreme Court from Paramount, alludes to insufficient warning on the part of the Director to Ms Wilkinson about her Logies speech and the possibility that this would cause a stay application to be made.
He also complained that the DPP “defamed me by publicising his view that a successful prosecution was still possible.”
“By giving the statement he did, he undermined the presumption of innocence and advocated for a particular individual (being Ms Higgins) rather than the proper and fair administration of justice.”
Mr Lehrmann also accuses the DPP of withholding of evidence from the Defence and improper handling of sensitive evidence
“For many months, The Director failed to hand over AFP material including what has publicly been described as ‘The Moller Report’,’’ he said.
“When asked of the AFP via subpoena the documents were immediately handed over without question, however, a mere few weeks before the commencement of the trial given The Directors interference.”
In relation to the police decision to unlawfully provide Ms Higgins mental health notes to the original defence team in 2021, the complaint accuses the DPP of appearing “to be running the public line that the AFP have been helping the Defence and in doing so the AFP inadvertently handed over mental health notes to my former counsel Mr Korn.”
“The Director has failed to disclose to the media that Mr Korn never opened the file and immediately returned it to the AFP,’’ he writes.
Mr Lehrmann’s complaint then urges the Bar Association to investigate whether the DPP also read Ms Higgins mental health file.
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