Departmental investigation into PM office’s handling of staffer complaint could be paused

An investigation into who knew what, and when, in the Prime Minister’s Office about an alleged incident in a ministerial office may remain secret until after the 2022 federal election.

Phil Gaetjens was asked to begin an investigation into which staff in the PMO knew about the allegation earlier this year. Picture: NCA NewsWire/Gary Ramage

EXCLUSIVE

A departmental investigation into the response by the Prime Minister’s Office into a complaint by former Liberal staffer Brittany Higgins should be paused and not released before a criminal case is concluded because it could jeopardise a fair trial, according to the ACT Director of Public Prosecutions.

The DPP’s warning raises the prospect that any findings from the six-month investigation led by the Department of Prime Minister and Cabinet secretary Phil Gaetjens may remain secret until after the 2022 federal election.

Ms Higgins went public in February with her complaint over the Government’s response to an alleged incident in the ministerial suite of then-Defence Industry minister Linda Reynold’s in March 2019.

Earlier this month a Queensland man was served with a summons to appear in the ACT Magistrate’s Court on 16 September on a single charge of sexual intercourse without consent.

The man’s lawyers have indicated he will plead not guilty to the charge. They say the man will deny that any sexual activity occurred on the night in question.

According to sources, the ACT Director of Public Prosecutions Shane Drumgold has written to Ms Higgins warning they should not participate in the investigation and it should not be released.

Mr Drumgold expresses the view that, given criminal proceedings are underway, the continuation of the Gaetjens inquiry could interfere with the police investigation.

Further, Mr Drumgold argues that any non-expert opinions on elements of Ms Higgins’ complaint contained in the findings of the Gaetjens report “would clearly be inadmissible” and potentially be “highly prejudicial” to the criminal proceedings.

Legal representatives for Brittany Higgins have been warned she should not participate in the investigation and it should not be released. Picture: NCA NewsWire/Damian Shaw

Earlier this year, Mr Morrison asked the head of his department, Philip Gaetjens, to investigate what staff in the PMO knew about the 2019 allegation, when they became aware and what they were told.

In March, the Gaetjens report was paused on the advice of the AFP commissioner Reece Kershaw. At the time, there was also a question over whether the AFP formally advised Mr Gaetjens to suspend his inquiry on the grounds it could interfere with the AFP investigation or simply strongly advised Mr Gaetjens to do so.

Speaking in Senate estimates, Mr Gaetjens indicated in May that the report, which was paused for two months after advice it could interfere with a police investigation, would be done within weeks.

Mr Gaetjens said that he has not spoken to Brittany Higgins, but was hoping to do so “soon” after she indicated a willingness to provide information about what she knew regarding the extent of the Prime Minister’s office’s knowledge of the alleged incident.

The PM has maintained that he first learned of the allegation after news.com.au broke the story on the morning of February 15, 2021. Picture: Sam Mooy/Getty Images

The Prime Minister has maintained that he first learned of the alleged incident after news.com.au broke the story on the morning of February 15, 2021.

Despite the fact news.com.au contacted his office and senior staff were aware of the allegation on Friday, February 12 in preparation to publish, nobody in the Prime Minister’s office discussed the allegation with him until after the story was published.

Defense Minister Linda Reynolds’ former chief of staff who now works for Mr Morrison was aware of the allegations. The PM’s chief of staff John Kunkel and another man were involved in handling the aftermath of “an incident” in the office but both insisted they never knew the details of the alleged incident.

In a statement, the Department of Prime Minister and Cabinet said Mr Gaetjens’ review was in its final stages.

“Mr Gaetjens responded to Ms Higgins’ request in March 2021 to provide information to the review, and engagement continues with her on how this might be done,” a spokesman said.

“Clearly Mr Gaetjens will not take any action that prejudices any legal proceedings. Public release of the report is a matter for Government.”

Former Defence Minister Linda Reynolds. Picture: Sam Mooy/Getty Images

Ms Higgins with Liberal frontbencher Michaelia Cash. Picture: Supplied

Home Affairs Minister Peter Dutton found out about the allegation four days before the Prime Minister said he knew after a tip off from the AFP under sensitive investigation protocols. Mr Dutton joined a group including then Defence Minister Linda Reynolds, Liberal frontbencher Michaelia Cash, House of Represenatives Speaker Tony Smith, and Senate President Scott Ryan, who knew about the alleged incident before Prime Minister Scott Morrison.

Ms Higgins filed an official police complaint to the AFP in February.

Ms Higgins also said that the Prime Minister’s principal private secretary Yaron Finkelstein had called her in late 2020 around the time that the Four Corners program Inside The Canberra Bubble went to air. She regarded it as a “weird check in” however she said they never discussed the alleged incident or the Four Corners program.

Mr Finkelstein did not remember the discussion, but even if it did occur it did not involve any discussion of relevant matters.