High Court widens sexual harassment investigation of Dyson Heydon

Former associates who worked for court have been invited to talk to an independent investigator.

Former High Court judge Dyson Heydon. Picture: AAP

The High Court has widened its sexual harassment probe in response to allegations that former High Court judge Dyson Heydon sex­ually harassed six young ­female associates and groped a senior ­female lawyer.

A court spokesman said the court had written to former associates who worked for the court during the time Mr Heydon was on the bench, to invite them to talk to an independent investigator about their experiences.

“We have written to associates for the period 2003-13,” the High Court’s spokesman said.

“We are still trying to track down some of the associates from this period so have not been able to reach all of them as yet but are continuing to do so.”

The email to associates said the court had arranged for former federal inspector-general of intelligence and security Vivienne Thom, who investigated the allegations against Mr Heydon, to be available to talk with them about their experiences at the court.

Dr Thom has not been asked to conduct any further investigation at this stage, but the court had not closed off this possibility if further allegations were uncovered, the spokesman said.

The Australian Federal Police confirmed on Wednesday that it had received a ­request to investigate the sexual harassment allegations against Mr Heydon to determine whether he should face criminal charges.

The request, from the ACT ­Director of Public Prosecutions, Shane Drumgold SC, comes after an independent inquiry by Dr Thom found that Mr Heydon had sexually ­harassed six female associates during a decade on the bench.

Mr Heydon has denied the ­allegations.

Former chief justice Murray Gleeson has refused to say whether he was made aware at the time of the ­allegations, which are described by the lawyer representing three of the women as “the legal profession’s dirtiest secret”.

Mr Gleeson refused to comment on Tuesday and Wednesday when asked whether he was aware of any ­concerns about Mr Heydon’s ­behaviour during their time on the bench.

Former High Court judge Michael McHugh also refused to comment on Wednesday when asked whether he was informed of the allegations and advised Chief Justice Gleeson.

Mr Gleeson’s successor, former chief justice Robert French, told The Australian on Tuesday that he had not received any complaints or been made aware of any concerns about Mr Heydon’s behaviour when he was chief justice.

The High Court’s spokesman said on Wednesday he was “not in a position to comment on what previous members of the bench may or may not have known” about the alleged behaviour.

He said the High Court was first approached by two of the complainants in March last year.

“I can confirm that no sitting member of the court was aware of the allegations until they were made to the court,” he said.

High Court Chief Justice Susan Kiefel said on Monday she and her fellow judges were “ashamed” that such behaviour could have occurred at the highest court in the land.

She said the High Court had made a sincere apology to the women, and their accounts of their experiences at the time had been believed.

An ACT Policing spokes­woman said the service had “received a request” from Mr Drumgold “to investigate alle­gations of alleged sexual harassment by former High Court justice Dyson Heydon”.

“Investigation referrals of this nature between ACT Policing and the ACT DPP are a routine part of operations between the two agencies,” she said. “Due to privacy, ACT Policing does not comment on whether an individual is under investigation or not.”

Mr Drumgold told Sydney’s The Daily Telegraph that he had written to the AFP, drawing its ­attention to the High Court investigation and media reports of allegations that Mr Heydon had “groped” former ACT Law Society president Noor Blumer at a University of Canberra Law School ball in 2013.

Mr Drumgold said his letter included a strong recommendation that the incident be investigated to determine whether criminal charges should result.

Legal firm Maurice Blackburn’s national head of employment and industrial law, Josh Bornstein, confirmed on Tuesday that three of the women who had accused Mr Heydon of sexual harassment would seek compensation from the former judge and the government for harm caused by his behaviour.

They include two former associates, Chelsea Tabart and Rachael Patterson Collins.

The women will need to have the approval of the Australian Human Rights Commission ­before any civil claim can be ­pursued in the Federal Court, Mr Bornstein said this week.

The High Court commissioned former federal inspector-general of intelligence and security Vivienne Thom to investigate the allegations against Mr Heydon.

Dr Thom has recommended changes to prevent sexual harassment cases in future, including that judges’ associates, who work closely with judges, should have a supervisor who can provide ­support if needed.

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