Shane Drumgold lost objectivity in Bruce Lehrmann rape case, Sofronoff inquiry told
Police investigating Brittany Higgins’ rape allegation were concerned the presumption of innocence was being lost, inquiry told.
The senior police officer in charge of the investigation into Brittany Higgins’ rape allegations says his entire team believed there was not enough evidence to charge Bruce Lehrmann and was concerned the presumption of innocence was being lost.
Detective Superintendent Scott Moller said that in a meeting on June 1, 2021, ACT Director of Public Prosecutions Shane Drumgold took the position that Mr Lehrmann should be charged even though he had not seen the brief of evidence.
“His preliminary view was: ‘This matter is going to trial – can you send the brief as quick as you can so I can review it’,” Superintendent Moller told the Sofronoff Inquiry into the ACT’s criminal justice system on Tuesday.
He said he believed Mr Drumgold had “lost objectivity in this matter”. “I was worried Mr Lehrmann could potentially be placed before the court when we didn’t believe there was enough evidence and I was trying to convey that to Mr Drumgold who continually over many months dismissed our propositions about this matter.
“The team were of the view that Mr Drumgold … had a position he was going to prosecute this matter no matter what.”
He said the team was “concerned for the presumption of innocence”, but once Mr Drumgold had reviewed the brief and given his advice, “we were absolutely committed to this prosecution, like we were absolutely committed to the investigation”.
He acknowledged he had to sign the summons – something normally done by a much lower-ranking officer – because his team “weren’t comfortable progressing the prosecution at that time”.
Superintendent Moller reiterated that police were under enormous pressure to charge Mr Lehrmann but he was not aware of political interference in the case.
He was taken to his diary notes from a June 2021 meeting with his boss, Michael Chew, whom he had recorded as saying: “If it was my choice, I wouldn’t proceed but it’s not my choice, there is too much political interference”.
Superintendent Moller said he had written down the conversation because he thought it was important, but Commander Chew was referring to “collective pressure from inside, outside (the AFP), the pressure from DPP, the pressure from the media, that’s how I interpreted what he said.”
Commander Chew has not given evidence but on Tuesday counsel assisting, Joshua Jones, said in a statement Commander Chew had denied any political pressure was put on him but did not deny the conversation he had with Superintendent Moller.
The latter detailed his frustration over Ms Higgins ignoring repeated warnings that she needed to stop speaking to the media as it could jeopardise the prosecution. In cross-examination by Mark Tedeschi, acting for Mr Drumgold, Superintendent Moller said he was “concerned about Ms Higgins’s continual appearance in the media”.
“Would it be fair to say that despite all the warnings from police, that she was reluctant to follow the warnings that had been given?” Mr Tedeschi asked.
Superintendent Moller said Ms Higgins “wasn’t reluctant – she didn’t do it. She contacted the media quite often.”
The veteran policeman said Victims of Crime Commissioner Heidi Yates had blocked police from contacting Ms Higgins directly and “inappropriately” involved herself in the case as an intermediary, making it hard for them to do their job.
Superintendent Moller said he had never seen a commissioner of another agency personally act as a “support person in a sexual assault matter” and her level of involvement in the case made their job “difficult”. “Did it cause us concern? Yes, it did. Was it difficult? Yes, it was,” he said.
Superintendent Moller said investigators appeared to be nervous when interacting with Ms Yates.
“They felt, often, that Ms Yates was speaking for Ms Higgins and not allowing Ms Higgins to speak.”
The inquiry heard that in around mid-August 2021, Superintendent Moller authorised his team to take a statement from Ms Yates because she had been present when Ms Higgins showed police a photo on her phone of a cocktail taken on the night of the alleged assault and because Ms Yates could provide “continuity evidence” in relation to one of Ms Higgins’s phones.
Superintendent Moller rejected Mr Tedeschi’s repeated proposition that police interviewed Ms Yates not for evidentiary reasons but to make her a witness in the case in order to prevent her from fulfilling the role of Ms Higgins’s support person.
Superintendent Moller said Ms Yates giving a statement would not prevent her from interacting as a support person. “She wouldn’t have been able to attend the court, but that doesn’t stop being a support person,” he said.
Contradicting a suggestion by Mr Tedeschi that Ms Higgins was upset by police conducting a second interview with her, Kate Richardson SC, for the police, said in a recorded conversation between her and a journalist in June 2021, Ms Higgins said “the normal detectives are great, they’re lovely”.
ADDITIONAL REPORTING: REMY VARGA
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