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Bruce Lehrmann asks Bar Association to investigate alleged misconduct by prosecutor

Bruce Lehrmann has personally written to the ACT Bar Association outlining serious misconduct he alleges against ACT DPP Shane Drumgold SC.

ACT government ‘deeply concerned’ about allegations after DPP dropped Lehrmann case

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, The Australian understands.

A source close to Mr Lehrmann told The Australian that he would also welcome the opportunity to assist the newly-announced board of inquiry into the case in giving evidence at a public hearing into the actions and behaviour of the DPP as well as the conduct of the AFP during his interactions with them.

Brittany Higgins. Picture: NCA NewsWire / Gary Ramage
Brittany Higgins. Picture: NCA NewsWire / Gary Ramage

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’ 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 Brittany 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 trial.

“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,” McCallum said.

ACT Director of Public Prosecutions Shane Drumgold SC. Picture: NCA NewsWire / Martin Ollman
ACT Director of Public Prosecutions Shane Drumgold SC. Picture: NCA NewsWire / Martin Ollman

The ACT government has announced it will hold an inquiry into the trial of Bruce Lehrmann, accused of raping Brittany Higgins, that will investigate the conduct of the prosecution, the defence and police.

Chief Minister Andrew Barr and ACT Police Minister 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.”

Taxpayers ‘understandably upset’ at alleged ‘million-dollar settlement’ awarded to Higgins

Allegations of misconduct around the case have already been referred to the Australian Law Enforcement Integrity Commission following revelations by The Australian that 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” and counter claims by Mr Drumgold of “inappropriate interference” in the case by police.

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

Original URL: https://www.theaustralian.com.au/nation/bruce-lehrmann-asks-bar-association-to-investigate-alleged-misconduct-by-prosecutor/news-story/e0972eb7811a49c45ff4b3fd5986cc54