ACT Bar Association drops 11 complaints against ex-chief prosecutor

The ACT Bar Association has found there is ‘no reasonable likelihood’ that former chief prosecutor Shane Drumgold could be found guilty of professional misconduct.

Shane Drumgold.

The ACT Bar Association has found there is “no reasonable likelihood” former chief prosecutor Shane Drumgold could be found guilty of professional misconduct in relation to 10 complaints made against him following the rape prosecution of Bruce Lehrmann, and says there is “no evidence” to support an 11th.

The ACT Bar Council engaged external law firm Hicksons last year to conduct an investigation into 11 complaints of unprofessional conduct levelled at Mr Drumgold.

The issues investigated included allegations Mr Drumgold “knowingly made misleading statements” to the ACT Supreme Court in relation to a contemporaneous note, procured a “false or misleading” affidavit from a junior ODPP staff member, and said there were “strong political ­forces” at play following the assault of Brittany Higgins when making his closing submissions in Mr Lehrmann’s rape trial.

Hicksons probed allegations the Mr Drumgold alerted a Guardian journalist to the existence of a letter he wrote to the chief police officer “containing sensitive allegations” relating to Mr Lehrmann’s trial.

The firm also investigated Mr Drumgold’s conduct when he allegedly “personally authorised” the release of an unredacted copy of the letter in a Freedom of Information request “without first consulting with the chief police officer and individuals named in the letter to determine whether they objected to the disclosure and in circumstances where Mr Drumgold perceived that it may be in his interest for the letter to enter the public domain”.

Following the Hicksons investigation, the Bar Council elected to dismiss 10 of the complaints “on the basis that there is no reasonable likelihood that the practitioner will be found guilty of either unsatisfactory professional conduct or professional misconduct”.

It withdrew the 11th complaint, which related to Mr Drumgold allegedly providing “false evidence” to an inquiry into his conduct chaired by former judge Walter Sofronoff KC, saying there was “no evidence” to consider its ­substance.

In a statement released to the media, Mr Drumgold said the ACT Bar Association “has found there is no evidence to support a finding that I engaged in either professional misconduct or unsatisfactory professional conduct in relation to any conduct surrounding the prosecution of Bruce Lehrmann”.

The ACT Bar Association refused to comment.

The findings come after an inquiry led by Mr Sofronoff found Mr Drumgold had been in breach of his duties while prosecuting rape allegations against Mr ­Lehrmann.

The ACT Supreme Court later found Mr Sofronoff’s conduct while chairing the inquiry gave rise to “a reasonable apprehension of bias” but upheld the majority of the findings of misconduct.