Sofronoff inquiry: Presumption of innocence ‘human right’, says chair

The constant presence of the victims of crimes commissioner next to Brittany Higgins helped to convict Bruce Lehrmann in the media, inquiry hears.

Brittany Higgins. Picture: NCA NewsWire / Damian Shaw

Former ministerial staffer Brittany Higgins’ repeat allegations of rape, her National Press Club address, Lisa Wilkinson’s Logies win and the constant presence of the Victims of Crimes Commissioner helped to convict Bruce Lehrmann in the media.

Steven Whybrow SC, who represented Mr Lehrmann at last year’s aborted trial before the ACT Supreme Court, said the presence of ACT Victims of Crime Commissioner Heidi Yates contributed to the perception that Ms Higgins’ allegations had already been found true by the court.

Mr Whybrow told the sixth day of the Sofronoff inquiry, which is probing the investigation into and the prosecution of Mr Lehrmann, the case was already unusual because Ms Higgins had chosen to publicly identify herself as the alleged victim of rape and his client had already been convicted in the media.

“I don’t have a problem or a concern with that office, that statutory office holder (Ms Yates), providing that sort of support, but it only served in this case, in my personal perspective, to already make a very difficult situation for Mr Lehrmann who was convicted in the media before the trial started,” he said. “With the Press Club statements and any other number of public statements out there … the Logies … To then be walked in court every day by somebody whose job is to support victims, it only served in my perspective, to elevate her position as a complainant in this criminal justice sphere to one who is actually a victim of crime and we’re just going through the process here.”

Ms Higgins alleged Mr Lehrmann raped her on the couch in the ministerial office of their then boss Senator Linda Reynolds in the early hours of March 23, 2019, after a night out drinking with colleagues.

The trial was aborted after a juror was found to have brought outside material into the jury room and Mr Drumgold announced on December 2 he would not pursue a second trial citing concern for Ms Higgins’ mental health.

On Monday, Mr Whybrow told the inquiry that he and other lawyers had an issue with complainants being referred to as victims before juries as allegations were tested.

Inquiry chair Walter Sofronoff KC said the presumption of innocence could also be regarded as a human right and allegations could be repeated with the only deterrent the possible threat of defamation. A complainant should be treated as a complainant, or at times a witness, just as a defendant must be treated as innocent until proven guilty, he said.

“I think truthfully as a matter of fact that Ms Higgins did face a level of personal attack that has not been seen in such a case for over 20 years in the public media and she has done so with bravery, grace and dignity.

“But if a prosecutor is to say these things then he also have regard for the conflicting proposition that Mr Lehrmann is, for all intents and purposes, in the same position.”

The inquiry resumes on Tuesday.