Queensland Police destroyed secret Bruce Lehrmann rape case recording

The recording was saved onto the hard drive of the lead investigator’s computer which she says later ‘malfunctioned’, with the evidence unable to be retrieved.

Former parliamentary staffer Bruce Lehrmann outside Toowoomba Magistrates Court. Picture: NewsWire / John Gass

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Queensland Police officers destroyed an audio recording of their initial contact with Bruce Lehrmann ahead of his 2023 arrest on two rape charges in Toowoomba, according to documents filed in court.

The secretly made recording with Mr Lehrmann, along with another involving police contacting a potential witness in the case, was made by the lead investigator and saved onto the hard drive of her personal computer which, she says in an affidavit, later “malfunctioned”, leaving the evidence unable to be retrieved.

The device, which also included “full briefs of evidence” from other cases before the courts, was then assessed by the Brisbane Electronic Evidence Unit.

In her affidavit, Detective Senior Constable Ashlee Ryder said that the police experts could not open the hard drive and concluded “it was unable to be restored to its original state”.

“As the device was inoperable and no longer able to be used, the device was destroyed,’’ she said in her affidavit, which was tendered last week in a brief hearing of the rape case in the Toowoomba District Court.

The affidavit, and admission that evidence was destroyed in the case, will form part of the application by lawyers of the former Liberal staffer to have the charges against him thrown out of court.

Mr Lehrmann’s Sydney-based lawyer Zali Burrows issued a statement to The Australian saying: “These are all very serious matters that are before the court by way of our permanent stay application.

Zali Burrows, the lawyer for Bruce Lehrmann. Picture: NewsWire/Tertius Pickard

“I am unable to comment further at this stage.’’

The case will be briefly mentioned in court on Thursday, with Ms Burrows expected to seek an adjournment for more time to prepare her application for the permanent stay of proceedings.

Mr Lehrmann, 30, is charged with two counts of rape, which police allege stem from an incident in Toowoomba – west of Brisbane – in October 2021.

The former federal Liberal staffer has not entered a plea, but has previously indicated he would fight the charges.

In the affidavit, Detective Ryder said she was the investigating officer on the case and had “collated a brief of evidence” against Mr Lehrmann.

“Parts of this brief of evidence (were) saved onto a hard drive, that I had bought myself,’’ she said.

“This hard drive contained multiple folders in relation to my work in the CIB (Criminal Investigations Branch) including other matters before the court. For example: folders of full briefs of evidence with copies of witness statements, index to brief, video and digital recordings.

“The hard drive contained two digital audio recordings from 08/04/2022 in relation to this matter.

“One recording was with … and one was with the defendant.

“I was unable to produce these two recordings as my hard drive had malfunctioned.’’

In her affidavit, Detective Ryder said the problems began a few weeks after she downloaded the recording of Mr Lehrmann when she was attending “detective training” at the police academy in Oxley, west of Brisbane.

“My hard drive malfunctioned due to unknown reasons,’’ she said.

“During my attendance at the academy, I was able to utilise my hard drive and there were no issue.’’

But when she returned to Toowoomba, she could not open the hard drive and turned to the police electronic evidence unit for help in June 2022.

On Wednesday, Queensland Police said it would be inappropriate to comment.

Last week in court, Ms Burrows attempted to argue that phone calls made between Mr Lehrmann’s former legal team and Queensland Police Service were “unlawful” and amounted to an “unfair” tactical advantage for the prosecution.

But District Court judge Benedict Power dismissed the application.