ACT Government to release report into Bruce Lehrmann trial within days

The ACT government has caved to mounting pressure to release findings from an inquiry into Bruce Lehrmann’s rape trial after the report leaked in media.

A highly-anticipated report into the handling of Bruce Lehrmann’s rape trial will be released as early as next week after mounting pressure from external parties, including the Australian Federal Police Association.

The inquiry made several damning findings about the conduct of the ACT’s Director of Public Prosecutions Shane Drumgold SC, including that he lied to the Supreme Court, according to a report in The Australian.

But the chair, retired judge Walter Sofronoff KC, determined the decision to charge and prosecute Mr Lehrmann was the correct course of action.

An ACT Government spokeswoman confirmed the highly-anticipated report will be released early next week, after proper due process is carried out.

“The Government has commenced the Cabinet process to enable proper consideration of the Report’s findings and recommendations,” she said.

Retired judge Walter Sofronoff has made several damning findings about Mr Drumgold. Picture: NCA NewsWire / Martin Ollman

“The individuals identified in the Report and affected by its findings must be afforded procedural fairness, including the Director of Public Prosecutions (DPP).

“The ACT Attorney-General is in contact with the DPP in relation to the findings relating to him.

“Following this, the ACT Government is preparing to release the report formally along with the Government’s interim response to the recommendations early next week.”
The spokeswoman said Board of Inquiry had confirmed a copy of the report was provided to select media outlets under an embargo, but that this was “not authorised or communicated to the government” beforehand.

“The release of information about the Inquiry outside of the government procedures has affected the Inquiry process and harmed people involved,” she said.

“It further contributes to the ongoing public discussion of the matter that has been very difficult for all of the individuals impacted.”

Mr Sofronoff handed his 600-page report to the ACT government on Monday.

Chief Minister Andrew Barr had indicated earlier on Thursday the report would not be tabled until parliament sits in late August, despite details being made public.

“The report and the ACT government response will be released publicly once this process has been finalised and it will be tabled in the Legislative Assembly at the end of the month,” a spokeswoman said at the time.

She denied the findings were made public as a result of a cabinet leak.

Mr Drumgold stated on Thursday he had not seen the report and therefore it would be inappropriate for him to comment further.

“Unfortunately I have neither seen the report, nor have I been informed of any content so I am not in a position to respond,” he said.

Australian Federal Police Association president Alex Caruana said there was no point in delaying the report’s release now the findings were out in the public domain.

“We know that the number of people who received the report was minimal; not even ACT Policing had seen the report. There is no point in hiding or sugar-coating the information and recommendations,” he said.

The AFPA has demanded the ACT government immediately release the report. Picture: NCA NewsWire/ Flavio Brancaleone

“The ACT government should also consider the possibility of investigating who leaked the report and the option that the ACT Chief Justice can refer a matter about professional conduct to the Australian Federal Police for criminal investigation.

“They can release the report today and consider the recommendations in due course. They can also offer support where needed, so the healing of all the people involved in the inquiry can begin.”

Mr Sofronoff was tasked with examining the conduct of the prosecution, police and the ACT Victims of Crime Commissioner Heidi Yates.

According to The Australian, Mr Sofronoff found evidence of unethical conduct by Mr Drumgold.

The inquiry did not make adverse findings against Ms Yates and reportedly found the police performed their duties in “good faith” and “put together a sound case”.

The inquiry was launched after Mr Drumgold raised concerns about the “political and police conduct” throughout the investigation and trial in a letter to the ACT’s chief of police Neil Gaughan that was later published via a freedom of information request.

Mr Drumgold has been on leave from his position as the ACT’s top prosecutor since May and is not due back until August 30.

Mr Lehrmann pleaded not guilty to sexually assaulting his former colleague Brittany Higgins at Parliament House in 2019.

His trial was aborted last October due to jury misconduct and a planned retrial was abandoned due to concerns about Ms Higgins’ mental health.

The charge was dropped and there have been no findings made against Mr Lehrmann. He maintains his innocence.

Mr Lehrmann described the report’s findings as “highly alarming” in a late-night social media post.

Bruce Lehrmann took to Instagram to respond to the report.

The former Coalition staffer took to Instagram not long after The Australian published its report on the leaked 600-page review.

He captioned the story “well well well, how the turn tables…”, a reference to the popular US mockumentary, The Office.

“Much of what we are reading my brilliant criminal defence team led by Steve Whybrow SC suspected all along,“ Mr Lehrmann said.

“I owe everything to the lawyers who have surrounded me. This is overwhelming and alarming reading.

“It is credit to Mr Sofronoff and his team for pulling back the covers and exposing what really is a dark chapter for the ACT justice system. I will have more to say in due course as the full report is made public by the Chief Minister.”