Linda Reynolds threatens law suit over Shane Drumgold letter
The former Defence Minister says then-chief prosecutor Shane Drumgold made ‘grossly defamatory’ statements about her in the wake of Bruce Lehrmann’s abandoned rape trial.
Former Liberal minister Linda Reynolds has threatened to sue the ACT government over what she claims are “grossly defamatory” statements made by then chief prosecutor Shane Drumgold in the wake of Bruce Lehrmann’s abandoned rape trial.
Lawyers acting for Senator Reynolds have sent a concerns notice to the ACT Office of the Director of Public Prosecutions over a letter sent by Mr Drumgold to the chief of the Australian Federal Police in which he complained about the senator’s “disturbing conduct” during the trial.
Mr Drumgold’s letter, sent just after the trial collapsed, alleged Senator Reynolds had coached Mr Lehrmann’s defence team and attempted to solicit transcripts of other evidence to tailor her evidence. It also queried the presence of the senator’s partner in court.
Mr Drumgold gave a copy of the letter to The Guardian newspaper after becoming “highly emotional” when reading an article critical of his conduct of the case in The Australian, a move that sparked the Sofronoff inquiry into the conduct of prosecutors and police in the rape case.
Inquiry head Walter Sofronoff found Mr Drumgold engaged in serious malpractice and grossly unethical conduct, and that every one of the allegations made by Mr Drumgold that sparked the inquiry was baseless. He found Mr Drumgold “advanced nothing resembling evidence to support the serious allegations of impropriety” he levelled against Senator Reynolds and that each of the allegations against her was defamatory.
Mr Drumgold had authorised the release of the unredacted letter without any of the consultations or redactions required by law, Mr Sofronoff found. Mr Drumgold resigned after the Sofronoff report was handed to the ACT government. He has since applied to have the findings set aside.
On Tuesday, Senator Reynolds confirmed her lawyers had issued a concerns notice – the precursor to a defamation action – to the Office of the DPP and the ACT government.
“Given the imminent expiration of the limitation period for commencing proceedings, I intend to shortly commence proceedings but not progress the matter while my concerns notice is being considered,” Senator Reynolds told The Australian.
Senator Reynolds has launched separate defamation actions against Brittany Higgins and partner David Sharaz over their comments about the senator in social media posts.
In Ms Higgins’ allegedly defamatory Instagram story, she criticised her former boss for continuing “to harass me through the media and in the parliament”.
She added: “This has been going on for years now. It is time to stop.”
The post came after Senator Reynolds’ announcement that she intended to refer Attorney-General Mark Dreyfus to the new National Anti-Corruption Commission, over Ms Higgins’ compensation payment of more than $2.5m following claims her allegations she was raped in Parliament House were mishandled.
In the Instagram story in question, Ms Higgins also wrote: “My boss who has publicly apologised for mishandling my rape allegation. Who has had to publicly apologise after defaming me in the workplace. Who had a whole bunch of questionable conduct during my rape trial. Who is suing my fiance for a tweet.”
Senator Reynolds’ legal team has issued subpoenas to a number of prominent people including former The Project host Lisa Wilkinson, journalist Samantha Maiden, Network Ten TV producer Angus Llewelyn and Labor senator Katy Gallagher.
West Australian Supreme Court judge Marcus Solomon this month ordered the parties to attend a mediation hearing in person in Perth in March.