‘Recklessly indifferent to truth’: Linda Reynolds blasts DPP Shane Drumgold over Brittany Higgins case

The Liberal MP has launched a blistering attack on Shane Drumgold over his ‘baseless and unsubstantiated allegations’ she suppressed Brittany Higgins’ rape complaint.

Shane Drumgold has come underfire from Liberal MP Linda Reynolds.

Former Defence Minister Linda Reynolds has launched a blistering attack on ACT chief prosecutor Shane Drumgold, accusing him of making “baseless and unsubstantiated allegations” that she was motivated by political forces to suppress Brittany Higgins’ rape complaint.

In a submission to the Sofronoff inquiry obtained by The Australian Senator Reynolds asks chairman Walter Sofronoff KC to find that Mr Drumgold “was recklessly indifferent to the truth of this mistaken belief, and was otherwise prepared to assert a position that had no evidentiary basis despite being an officer of the Court with ethical and prosecutorial duties that attach.”

Senator Reynolds alleges multiple breaches by Mr Drumgold of the Barristers Rules, the Legal Profession Act, the Director of Public Prosecutions Policy, the Freedom of Information Act and the Human Rights Act over the trial of Bruce Lehrmann.

The allegation that she had tried to pervert the course of justice would have remained unchallenged, she submitted, but for the intervention of Mr Sofronoff, who elicited from Mr Drumgold the startling admission during the inquiry that he no longer believed his own claims.

“The evidence of the DPP at the Inquiry demonstrated that there was no basis to make such a serious allegation during the trial or at any time before or after the trial. It was a baseless and unsubstantiated allegation made irresponsibly and has damaged the reputation of Senator Reynolds irreparably,” her submission states.

The Liberal MP reveals her shock at being declared a hostile (or “unfavourable”) witness in the trial by the DPP who, without warning, suddenly cross-examined her on her credibility.

That included questioning about the presence of her partner, Robert Reid, sitting in the courtroom, even though no one had suggested there was anything wrong with this, including the DPP, who had met and was aware that Mr Reid was her partner. An ODPP solicitor had even approached Mr Reid in the court to ask if Senator Reynolds could appear sooner than previously scheduled.

Ms Reynolds says Shane Drumgold made “baseless and unsubstantiated allegations” over her involvement of the Brittany Higgins allegations.

Senator Reynolds was also cross examined over a text message she sent to Bruce Lehrmann’s defence counsel, Steve Whybrow, requesting a transcript of the trial. She said she had not been aware this was not permitted.

She says Mr Drumgold “ambushed” her in the trial and had given her no indication beforehand in discussions that he intended to do this, even though he was already well aware that Ms Higgins’ was claiming political interference to suppress her complaint.

“I was shocked and frustrated at this approach as it appeared the DPP was seeking to undermine my credibility (and that of Senator Cash) in an effort to re-assert the credibility of Ms Higgins and increase his prospect of securing a conviction. Alleging that a politician was motivated by ‘political forces’ was an easy line to run.”

The DPP repeatedly asked questions which alleged Senator Reynolds was motivated by “political forces,” she said, even though he was well aware from her statement that it was she who had suggested to Ms Higgins she should talk to the police and assured her the AFP had expertise in handling sensitive personal matters.

In his summing up Mr Drumgold told the jury that “it is abundantly clear from the evidence and actions of Senator Reynolds during this trial that those political forces were still a factor.”

Senator Reynolds alleges Mr Drumgold had breached the Barristers Rules as his allegations were made “principally in order to discredit or embarrass” her and requested that Mr Sofronoff recommend the DPP’s conduct be investigated by the ACT Bar Council.

Senator Reynolds said that contrary to the requirements of the FOI Act she was not consulted before Mr Drumgold released a copy of his letter to ACT police chief Neil Gaughan complaining about the conduct of police in the Lehrmann investigation and trial.

In the letter Mr Drumgold had presented his personal characterisation of Senator Reynolds’ actions as statements of fact, she said, including allegations she had solicited trial transcripts “to tailor her evidence” and had “engaged in direct coaching of defence cross-examination of the complainant”.

Ms Reynolds alleged Mr Drumgold was attempting to undermine her and Michaelia Cash’s credibility.

Senator Reynolds asked the Inquiry to find that the DPP breached Barrister Rules by “knowingly making a misleading statement to the court” when he suggested that Senator Reynolds was not co-operating in accordance with a subpoena served on her to give evidence.

Senator Reynolds also submitted that the ACT Crimes Act should be amended to deter individuals from using the media and/or Parliamentary forums in relation to an alleged criminal offence that ought properly be the subject of the criminal justice processes.

She pointed to a section of the NSW Crimes Act that makes it an offence for anyone who knows or believes that a serious indictable offence has been committed and fails to report it to police.

Senator Reynolds said Labor Attorney-General Mark Dreyfus had declined to approve her applications for legal assistance at the Inquiry, meaning she had been unrepresented despite volumes of evidence that concerned her, including some taken in closed session, to which she still had no access.

Mr Sofronoff is due to hand down his report on potential misconduct by the DPP and the AFP by 31 July.