Resignation call after trial of Bruce Lehrmann, the man accused of sexually assaulting Brittany Higgins
A criminal lawyer has called on DPP Shane Drumgold to resign after the charge against Brittany Higgins’ accused, Bruce Lehrmann, was abandoned.
A Canberra criminal lawyer has called on the Director of Public Prosecutions Shane Drumgold to resign in the wake of the collapse of the Bruce Lehrmann prosecution trial and for the ACT Integrity Commission to hold an inquiry into the decision to prosecute.
Peter Woodhouse, the managing partner of Aulich lawyers, made the statement on Monday night in a blog post amid police claims there was “too much political interference” in the trial.
Mr Lehrmann pleaded not guilty and was never convicted of a crime.
Mr Woodhouse, whose law firm has been in dispute with the office of the DPP over a separate matter, says Mr Drumgold should consider his position.
“On Saturday, The Australian published an explosive story...that revealed what those of us in the inner circles of the ACT criminal justice system have known for many months – ACT police believed there was insufficient evidence to ever prosecute Mr Lehrmann but could not stop the ACT Director of Public Prosecutions proceeding with the prosecution because ‘there is too much political interference’,’’ Mr Woodhouse writes in the blog.
“Before you dismiss that sentiment too readily, it is trite to note that it came directly from the diary notes made by the Manager of Criminal Investigations for ACT Policing, Detective Superintendent Scott Moller.”
Mr Moller’s notes did not identify the source of the purported political interference.
“The article in The Australian revealed that in a separate executive briefing in 2021, Superintendent Moller advised that investigators “have serious concerns in relation to the strength and reliability of [the complainant’s] evidence…” and listed a series of concerns held by senior police,” Mr Woodhouse continued..
“It is integral to any proper-functioning justice system that the police have faith and confidence in those that prosecute.
“The public also need that faith. Otherwise, the system will fail. It appears the ACT system is irreparably broken and there is only one way to quickly fix it and to restore public faith in the criminal justice system in the ACT. Shane Drumgold must resign as ACT DPP.”
On Friday, Shane Drumgold SC, the ACT’s Director of Public Prosecutions filed a notice declining to proceed further with the prosecution of Bruce Lehrmann.
“There is nothing particularly unusual about that and it’s something that happens in any DPP office from time-to-time,’’ Mr Woodhouse wrote.
“What is astounding is how that was announced to the world – via press conference.
“Outside of the USA in the post-Trumpian era, when have you ever seen a senior public prosecutor hold a press conference to announce their decision to initiate or end a prosecution? I cannot remember (and neither can my colleagues) any similar example by any other DPP in any other Australian jurisdiction.”
Mr Woodhouse writes that Mr Drumgold was hoping to get on the front foot by making the announcement outside of the courtroom.
“His unusual press conference made a number of things patently obvious; he maintains it was his decision to begin the prosecution against Mr Lehrmann, he maintains he believed there were reasonable prospects of securing a conviction in the matter and he maintains he is still of that belief,’’ he said.
“What is abundantly clear is that there does not seem to be anybody in the ACT legal system, outside of Mr Drumgold’s office, who shared that view, including senior members of criminal investigations in ACT policing.
“Clearly, in light of the revelations contained in The Australian, there needs to be an investigation into the decision to prosecute Mr Lehrmann in this matter.
“The Integrity Commission should conduct a full investigation.”
Aulich lawyers have been in conflict with the AFP and the DPP after partner Ben Aulich, was charged with conspiracy to launder money.
Mr Aulich has pleaded not guilty. His defence team alleges police used illegal actions and entrapment.
That case is still before the courts.
In his blog, Mr Woodhouse also criticised the role of ACT Victims of Crime Commissioner Heidi Yates. He does not demand Ms Yates resign.
“That investigation should also examine the role and involvement of Heidi Yates as the ACT Victim of Crimes Commissioner. Ms Yates’ conduct in this matter, including at the complainant’s press conference immediately after the jury was discharged and Mr Lehrmann’s trial was aborted has already been subject to public scrutiny,’’ he said.
“As the leaked material details, in May 2021, Superintendent Moller was informed that Ms Yates had advised the police that any contact with the complainant was now to go to her, rather than the complainant directly. “
Ms Yates later attended the second police interview with the complainant and then provided mobile phones to police on the complainant’s behalf.
News.com.au has contacted Mr Drumgold and Ms Yates for comment.
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