Cops hit back after Brittany Higgins slammed police conduct in rape investigation on social media

The police union has responded to Brittany Higgins’ scathing social media post on the conduct of officers in the investigation of her rape allegation.

The police union has returned serve after Brittany Higgins condemned the conduct of police who investigated her rape allegation against Bruce Lehrmann in a scathing social media post.

In her first public comments since the release of Walter Sofronoff KC’s report into the handling of the trial, Ms Higgins disputed suggestions the detectives involved had their careers destroyed by Shane Drumgold SC.

“These men were absolutely awful to me. They made me feel violated at every turn,” Ms Higgins said in the Instagram post.

“They cast judgments about the merits of my advocacy and regularly reiterated the reasons why they thought that I shouldn’t proceed with pressing charges.

“I do not celebrate the misfortune of others. However, these officers were disgraced by their conduct not by the Director of Public of Prosecutions.”

Brittany Higgins condemned the conduct of police who investigated her rape allegation against Bruce Lehrmann. Picture: NCA NewsWire / Gary Ramage

Alex Caruana, Australian Federal Police Association president, accepted while “mistakes can’t be unmade”, ACT Policing had “done the right thing and apologised to Ms Higgins”.

“I know that ACT Policing is committed, as demonstrated by accepting the inquiry’s recommendations to ensure that mistakes like this don’t occur again,” he said in a statement.

Mr Caruana said there were no winners in any party from the investigation or the inquiry that followed.

“This investigation and subsequent inquiry have hurt and damaged many people. In a perfect world, that wouldn't happen, but as we all sadly know, a perfect world isn't reality.”

He said the AFPA stood by the detectives who led the investigation and presented evidence to the Sofronoff inquiry.

“They are all passionate about being police officers, protecting the community and putting people before a judicial process if required. Police can't control what a jury member does, nor can they control how a judicial process will conclude,” Mr Caruana said

Mr Drumgold resigned last week after Mr Sofronoff’s report, which was leaked to the media before its public release on Monday, made findings against the top prosecutor’s conduct in the case.

The inquiry was sparked by a letter Mr Drumgold wrote to the ACT Chief Police Officer Neil Gaughan in November about the police and political conduct in trying the investigation and trial.

Mr Drumgold sensationally walked back his claims mid-inquiry. He has denied engaging in “underhanded or dishonest conduct” during the trial.

Mr Sofronoff, in his report, found police had made some mistakes but their actions were not malicious and detectives had put together a “sound case”.

However, he said police were confused over the test to charge a suspect, and recommended further training and reform was required.

In an article in The Australian on Wednesday, police lashed Mr Drumgold for the claims and the impact the inquiry had on them, including longstanding police officers who are now on long term stress leave.

Detective Superintendent Scott Moller was key witness at the inquiry. Picture: NCA NewsWire / Martin Ollman

Evidence tendered to the inquiry revealed police were “suspicious” of Ms Higgins and included unverified rumours about her sexual history in an investigation report.

“They made a fun folder full of unfounded claims in a literal attempt to discredit me as a permissible rape victim to the office of the DPP,” Ms Higgins said in her statement on Wednesday.

“I will always remember how small I felt having five senior police officers I’ve never met in a room belittling me – after I had just spent hours giving evidence in a second EIC (evidence in chief) interview.

“They cast judgments about the merits of my advocacy and regularly reiterated the reasons why they thought that I couldn't proceed with pressing charges.”

During the inquiry, Mr Drumgold complained the second EICI with Ms Higgins looked more like a “defence cross examination”.

Mr Lehrmann pleaded not guilty to sexually assaulting Ms Higgins in the Parliament House office of their then-boss senator Linda Reynolds in March 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.

Mr Lehrmann is preparing to sue the ACT government over the prosecution.

The inquiry found the decision to charge and prosecute Mr Lehrmann was the correct course of action.