I’m a prosecutor, not a publicist, says DPP Shane Drumgold

Shane Drumgold says he should have been more assertive in warning Lisa Wilkinson against delivering her Logies speech.

Shane Drumgold SC gives evidence on the first day of public hearings of the Australian Capital Territory’s Board of Inquiry into the Criminal Justice System in at the ACT Civil and Administrative Tribunal Canberra.

Director of Public Prosecutions Shane Drumgold says he should have been more assertive in warning Network Ten journalist Lisa Wilkinson against delivering her Logies speech a week before Bruce Lehrmann’s rape trial was set to start.

Mr Drumgold also told the Board of Inquiry into the ACT’s criminal justice system that he was a “prosecutor, not a publicist” over his refusal to publicly clear Wilkinson of contempt after her speech delayed Mr Lehrmann’s trial.

On the first day of public hearings, the ACT’s top prosecutor was being examined about the advice he gave Wilkinson about her planned speech before winning the ­silver Logie last year, and his communications with her lawyers after the speech caused Mr Lehrmann’s trial to be temporarily stayed.

Wilkinson was on the witness list and expected to give evidence at Mr Lehrmann’s trial after Brittany Higgins accused him of sexually assaulting her in March 2019. But she was not called.

On June 15 last year, the journalist and her lawyer participated in a witness “proofing” meeting with Mr Drumgold and his colleagues in preparation for Mr Lehrmann’s trial, which was set to start on June 27.

The inquiry heard that during the meeting Wilkinson told Mr Drumgold about her Logies nomination before reading a prepared speech and seeking the DPP’s ­advice about delivering it.

Under intense examination from counsel assisting Erin Longbottom KC on Monday, Mr Drumgold conceded he did not give the issue adequate attention and believed Wilkinson had brought up her nomination, in part, to brag about it.

“I thought it was more about pointing out she was up for a Logie award rather than seeking genuine advice,” he said.

“In hindsight I should have taken a different approach. I should have listened to the whole speech and said, ‘if I was a defence lawyer I would make an application of stay on the basis of that (speech)’.”

Mr Drumgold said Wilkinson had given him the impression that she would not win the award for a variety of reasons and so he thought it was merely a “hypothetical” question.

“I accept that I entirely misread the situation,” he said.

Mr Drumgold told the inquiry he was confident he “had made it abundantly clear” to Wilkinson and her lawyers that “any publicity” could cause the trial to be stayed and he thought they had heeded his advice by abandoning the speech.

“At the conclusion of the meeting I felt confident I’d given her sufficient advice,” he said.

The morning after the Logie Awards Mr Drumgold received a text message to the effect of “oh no”.

Lisa Wilkinson delivers he speech after accepting the Logie. Picture: Channel 9

He didn’t recall who the text was from but believed someone from his office sent it to alert him to the speech.

That afternoon Mr Lehrmann’s defence team brought an urgent stay application on the trial.

The next morning Chief Justice Lucy McCallum granted the stay, delaying the trial by almost four months.

Ms Longbottom also asked Mr Drumgold about communications he had with Wilkinson’s lawyer Marlia Saunders between last ­October and December.

The inquiry heard that Ms Saunders called Mr Drumgold on October 24 while the jury in Mr Lehrmann’s trial was deliberating, asking him to make a public statement clarifying that Wilkinson would not be charged with contempt of court.

Bruce Lehrmann leaves the ACT Civil and Administrative Tribunal in Canberra on Monday. Picture: NCA NewsWire / Martin Ollman

Ms Saunders emailed Mr Drumgold on December 1 after hearing that he planned to hold a press conference the next day, and again asked that he make a public statement to the effect that her client had not committed contempt of court six months earlier.

Mr Drumgold announced at a press conference on December 2 that he was discontinuing proceedings against Mr Lehrmann due to concerns for Ms Higgins’ mental health.

Mr Drumgold told the inquiry he didn’t recall reading Ms Saunders’ email before his press conference but even if he had, he would not have mentioned Wilkinson while announcing his decision to drop the charge against Mr Lehrmann.

In her various emails, Ms Saunders said that influential journalists had called for Wilkinson to be charged and asked him to “correct the public record” through a public statement.

Mr Drumgold said he did not consider media reporting to be the “public record” and that the propositions in Ms Saunders’ letter “don’t require my engagement”.

Walter Sofronoff. Picture: Jack Tran

Brittany Higgins. Picture: NCA NewsWire / Gary Ramage

“With respect, the allegation is that I’m not publicly rebutting false media reports,” he said.

“The second is that I should, probably for the first time ever, announce that no offence had been committed in a circumstance.

“Really what I’m being asked is why I’m not providing running commentary on false media.

“The suggestion she was going to be charged with contempt arose nowhere other than in the media.”

Mr Drumgold admitted he ought to have afforded Ms Saunders the professional courtesy of responding to her communications.

“What I was being asked to do (by Ms Saunders) is completely­ ­beyond my remit,” he said.

“Whatever sympathy I have for Ms Wilkinson, I’m not a publicist, I’m the DPP.”

The inquiry will resume on Tuesday.