Bruce Lehrmann lawyer asked cops to investigate Brittany Higgins over ‘falsified evidence’
Bruce Lehrmann’s lawyer wrote to police last year asking that Brittany Higgins be investigated over allegations she falsified evidence and fabricated a photo of a bruise on her leg.
Bruce Lehrmann’s lawyer wrote to police during his rape trial last year seeking that Brittany Higgins be investigated over matters arising from the trial, including allegations that she falsified and destroyed evidence, fabricated a photo of a bruise on her leg and publicly called into question the evidence of a witness while the trial was still under way.
The letter, from barrister Steven Whybrow to the Australian Federal Police, requests that if an investigation indicates Ms Higgins committed any offences, “any decision whether to prosecute NOT be undertaken by the DPP Shane Drumgold SC or any other member of his office who had any involvement in his prosecution”.
In the letter, sent on October 24, three days before the trial was aborted due to juror misconduct, Mr Whybrow referred to “a substantial body of evidence” relating to the ACT Criminal Code, the Listening Devices Act and the Statutory Declarations Act.
My Whybrow said the evidence, including Ms Higgins’ own sworn evidence, suggested that she had deleted and/or concealed communications with people likely to be relevant witnesses in the case including former cabinet minister Linda Reynolds and her then chief of staff Fiona Brown, and several others, “with the intention of influencing the outcome of a legal proceeding”.
The lawyer said Ms Higgins had asserted in a statutory declaration that a photo she provided to The Project TV show in February 2021 was of a bruise taken by her in April 2019 and caused by Bruce Lehrmann on March 22-23, 2019.
However, the evidence suggested Ms Higgins had fabricated the photo “with the intention of influencing a decision to commence a legal proceeding or influencing the outcome of a legal proceeding”, he alleged.
In cross examination at the trial, Mr Whybrow asked Ms Higgins: “I suggest that the photograph of the bruise and your assertion that it was an injury sustained during this assault is a fabrication?”
Higgins responded: “OK sure, I reject you completely.”
Mr Whybrow put it to Ms Higgins that she had not mentioned the bruise to the police when she first spoke to them on April 1, 2019, two days before she says the photo was taken.
“You didn’t say anything about having a big bruise on your leg, did you?’’ he asked.
“Not that I recall to the police. Not at that point, no,’’ Ms Higgins replied.
In his letter to the AFP, Mr Whybrow also referred to the fact that Ms Higgins had recorded conversations with several people without their knowledge or consent, including then-employment minister Michaelia Cash and her chief of staff, Daniel Try.
During the trial Ms Higgins admitted she had secretly recorded a phone conversation she had with Senator Cash, almost two years after the alleged assault, in January 2021, to protect herself, and had then sent the recording to a friend.
She also sent a covert recording of a conversation with Mr Try to News Corp journalist Samantha Maiden.
Mr Whybrow’s letter notes that on October 17 last year, after Mr Try had given evidence in the trial, and while the trial was still under way, Ms Higgins posted to her Instagram account several images directly calling into question the honesty of the evidence he gave including “excerpts of what purported to be a transcript of a covertly recorded conversation between herself and Mr Try that was not reflective of the recorded conversation; and not in evidence before the court.”
Mr Whybrow said Ms Higgins’ decision to publish her allegations in the media before a formal police interview had been conducted caused extraordinary damage to Mr Lehrmann’s employment, mental health, reputation, and ability to get a fair trial.
The developments follow reports that the Australian Commission for Law Enforcement Integrity (ACLEI) has launched a probe into whether police “attempted to pervert the course of justice” by forwarding protected information about Brittany Higgins to Mr Lehrmann’s original defence lawyer.
The anti-corruption watchdog was also investigating whether AFP members tried to pressure Ms Higgins not to proceed with the case, according to News.com.au.
Allegations about the conduct of both police and Mr Drumgold in the case are already the subject of an official inquiry by Walter Sofronoff KC.
Mr Lehrmann told The Australian he had asked Mr Whybrow to write to the AFP on two occasions requesting investigation “of possibly illegal conduct by one or more people relevant to the prosecution against me” but declined to comment further as neither investigation had been finalised. The second letter appears to have been in relation to potentially prejudicial comments made by Ms Higgins outside the court after the trial was abandoned on October 27.
Mr Whybrow noted at the time that despite warnings from the chief justice to all parties not to make statements that could prejudice a second trial, Ms Higgins had given “what appears to have been a pre-prepared speech to the media outside the court”.
Whybrow declined to comment on Friday on his letter to the AFP. Asked about the complaints lodged with ACLEI, Mr Whybrow said: “Given that this is something that one would expect the Sofronoff inquiry to be investigating, I find the timing curious.”
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