DPP Shane Drumgold ‘on leave’ after Lehrmann inquiry evidence

The ACT DPP has taken sudden leave and been replaced after five days of bruising evidence at the inquiry about his handling of Brittany Higgins’ rape allegation.

The ACT Director of Public Prosecutions Shane Drumgold has taken sudden leave from his position after five days of bruising evidence about his handling of Brittany Higgins’ rape allegation at the Sofronoff inquiry last week.

Mr Drumgold, whose leave started on Tuesday, has been replaced as DPP while the Board of Inquiry into the ACT’s criminal justice system is underway.

On Tuesday, the ACT government executive appointed Anthony Williamson SC – the Deputy Director of Public Prosecutions – to act in the position until June 13.

An ACT government spokesperson this morning told The Australian that Mr Drumgold is “on leave at his request”.

The spokesperson said it was not anticipated that Mr Drumgold’s leave would impact his planned return to the witness box next week.

Mr Drumgold declined to comment this morning.

ACT Director of Public Prosecutions Shane Drumgold with prosecutor Skye Jerome in October. Photo: Mick Tsikas.

On Friday, ACT Attorney-General Shane Rattenbury declined an invitation to express confidence in the DPP, saying only that the Sofronoff inquiry “should be allowed to continue its work”.

Ms Higgins, a former liberal staffer, alleged Bruce Lehrmann raped her in Senator Linda Reynolds’ ministerial office in the early hours of March 23, 2019 after a night out drinking with colleagues in Canberra.

Mr Lehrmann was later charged with sexual intercourse without consent and pleaded not guilty.

The 29-year-old’s trial was sensationally aborted in October due to juror misconduct and immediately listed for a retrial in February, before Mr Drumgold discontinued proceedings in December over concerns for Ms Higgins’ mental health.

Mr Lehrmann maintains his innocence.

Bruce Lehrmann leaves the ACT Civil and Administrative Tribunal in Canberra last week. Picture: Martin Ollman.

In November Mr Drumgold sent a letter to the ACT’s chief police officer Neil Gaughan alleging police misconduct before and during the prosecution and calling for a public inquiry into how the case was handled.

That letter sparked the inquiry which is being conducted by former Queensland Solicitor-General and eminent retired judge of the Queensland Supreme Court and Court of Appeal, Mr Walter Sofronoff KC.

The first week of public hearings this month focused on the ACT’s chief prosecutor’s conduct before, during and after Mr Lehrmann’s aborted trial in October.

During his evidence last week Mr Drumgold came under fire over multiple issues including his attempt to withhold police investigative review documents from the defence, making misleading statements to Chief Justice Lucy McCallum, reading Ms Higgins’ confidential counselling notes, delivering a speech implying Mr Lehrmann was “really guilty in his view” when he discontinued proceedings and how he handled Lisa Wilkinson’s request for advice about her “hypothetical” Logies acceptance speech.

Brittany Higgins arriving at the ACT Supreme Court in October with partner David Sharaz and friend Emma Webster. Photo: Martin Ollman.

Mr Drumgold also told the inquiry last week that he believed it was “possible if not ­probable” that there was a ­political conspiracy to stop Mr Lehrmann’s case from proceeding, before backflipping a day later.

Mr Drumgold maintained throughout his evidence last week that he could have obtained a conviction against Mr Lehrmann, even suggesting a single rogue juror was “holding out” for an acquittal while the rest were inclined to convict.

Mr Drumgold has been the DPP since January 2019 and worked at the ODPP since 2002.

Public hearings will resume on Monday when senior police involved in the sexual assault investigation – including Detective Superintendent Scott Moller, Senior Constable Emma Frizzell and Commander Michael Chew – will be called to give evidence.