Lehrmann alleges misconduct by DPP

The former Liberal staffer has personally written to the ACT Bar Association saying he would welcome the opportunity to assist the new board with an inquiry into the case.

Brittany Higgins and Bruce Lehrmann: the ACT government will hold an inquiry into his rape trial.

Bruce Lehrmann has personally written to the ACT Bar Association with a letter of complaint outlining several elements of serious misconduct he alleges against ACT Director of Public Prosecutions Shane Drumgold SC.

A source close to Mr Lehrmann told The Australian he would also welcome the opportunity to assist the newly announced board of inquiry into the case. The ACT government said on Wednesday it would hold an inquiry into the trial of Mr Lehrmann, accused of raping Brittany Higgins, which will investigate the conduct of the ACT DPP, the Australian Federal Police and the ACT Victims of Crime Commission.

Both former ministerial staffers signalled their support for the probe, which will have powers to compel witnesses, issue search warrants and hold public hearings. Chief Minister Andrew Barr and ACT Attorney-General Shane Rattenbury said in a joint statement the inquiry would ensure the ACT justice system was robust and fair, after both parties made allegations.

“The allegations made in recent weeks are serious. An independent review of the roles played by the criminal justice agencies involved is the most appropriate response.”

Ms Higgins shared a screenshot of a report on her Instagram story with the comment “sunlight is the best disinfectant”.

Mr Lehrmann’s lawyer, Steve Whybrow SC, said: “We welcome an inquiry and hope the terms of reference will extend to an examination of all aspects of this matter, including decisions not to prosecute various individuals and the efforts taken by the DPP to ensure a fair trial.”

The Australian understands Mr Lehrmann’s defence team is keen for the inquiry to examine whether pressure was applied not to prosecute Ms Higgins for contempt over remarks she made outside the court, following the collapse of the case due to juror misconduct.

Ms Higgins’s statements comparing her treatment with the accused’s right to silence were referred by the defence to police for possible contempt of court.

The defence team also wants the inquiry to investigate any pressure not to prosecute some journalists, including TV presenter Lisa Wilkinson for comments she made during a Logies acceptance speech.

Ms Wilkinson’s speech referenced Ms Higgins despite being warned by prosecutors that publicity about the former political staffer’s allegations of rape could lead to the trial being delayed.

ACT Supreme Court Chief Justice Lucy McCallum postponed the trial by several months as a result, “regrettably and with gritted teeth”, in order to ensure a fair hearing.

“Notwithstanding that clear and appropriate warning, upon receiving the award Ms Wilkinson gave a speech in which she openly referred to and praised the complainant in the present trial,” Justice McCallum said.

The DPP and ACT Police have been at war since Mr Drumgold abandoned a second trial against Mr Lehrmann citing concerns for Ms Higgins’s mental health on December 1.

Soon after, The Australian revealed police ­had believed there was in­sufficient evidence to prosecute Mr Lehrmann but could not stop the DPP from doing so because “there is too much political ­interference”.

Police also held concerns around the impact of a trial on Ms Higgins’ mental health.

Mr Drumgold later wrote to ACT police chief Neil Gaughan alleging “inappropriate interference” by police during the investigation and accused investigators of colluding with Mr Lehrmann’s lawyers.

Allegations of misconduct around the case have already been referred to the Australian Law Enforcement Integrity Commission.

Mr Rattenbury on Wednesday said he was deeply concerned by the fractured relationship between the DPP and police.

“The ACT government is absolutely mindful of the need for public confidence in the criminal justice system here in the territory,” he said.

“Recent public reporting and commentary in relation to the case and in relation to the letter sent by the ACT Director of Public Prosecutions to the chief police officer dated on November 1 this year, raises issues that may have wider implications for the prosecution of criminal matters here in the territory.” Laws around juror misconduct will also be examined in the inquiry.

Australian Federal Police Association president Alex Caruana said any “potential influence” exerted by Mr Rattenbury and public comments by Mr Drumgold should be scrutinised.

“The national media frenzy caused by these claims have eroded the community’s faith in its institutions,” he said.

“Several other more suitable mechanisms were available for Mr Drumgold to air his grievances.”

The trial against Mr Lehrmann was aborted after a security guard found outside evidence in the jury room after knocking over a plastic folder, ending a 3½-week trial.

Additional reporting: Sarah Ison