Sofronoff inquiry reveals heated texts between lawyers over Lehrmann-Higgins file leak
A heated text exchange between Bruce Lehrmann’s defence barrister and prosecutor Skye Jerome about revelations published in The Australian have been made public.
A heated text message exchange between Bruce Lehrmann’s defence barrister Steven Whybrow and prosecutor Skye Jerome about revelations published in The Weekend Australian last year have been made public at the Board of Inquiry into the ACT’s criminal justice system.
Mr Whybrow’s communications – published by the Board overnight – show that on December 3 last year Ms Jerome contacted him just after 7am demanding to know whether he had leaked the AFP’s investigative review document, now known as the Moller Report, to The Weekend Australian after an article detailing its contents was published that Saturday morning.
At 7.13am Ms Jerome texted Mr Whybrow asking: “Who leaked the documents to the Australian?”
Mr Whybrow texted straight back: “What’s happened now”.
Ms Jerome then sent him a link to The Weekend Australian’s article.
“Quoting all the police advices,” she wrote. “Outrageous.”
Mr Whybrow responded: “Firewalled. None of us. 100%.”
Ms Jerome then sent him the link to another related story published by The Weekend Australian that morning.
“Hope you make the same accusation to the cops,” Mr Whybrow fired back.
Ms Jerome sent him a question mark, followed by a frosty: “I asked you a question”.
Mr Whybrow responded that he had “no idea where that comes from”.
“Still can’t read it,” he said.
Ms Jerome then screenshotted and texted the article to Mr Whybrow.
“Wow. Thanks for sending. F*ck!,” he replied.
The pair spoke on the phone before Ms Jerome texted Mr Whybrow again at 10.15am.
“Thanks for talking this morning,” she said. “I appreciate it.”
The police document being referred to, authored by Detective Superintendent Scott Moller, included discrepancies in Brittany Higgins’ evidence and suggested police did not think there was enough evidence to prosecute Mr Lehrmann.
The ‘Moller Report’ revealed police had concerns about Ms Higgins’ credibility but could not stop the DPP from proceeding with the charge because there was “too much political interference”.
Its contents was published in the Weekend Australian on December 3, 2022 following DPP Shane Drumgold’s announcement a day earlier that he had decided to discontinue proceedings against Mr Lehrmann due to fears for Ms Higgins’ mental health.
Mr Whybrow began giving evidence at the Board of Inquiry on Monday and is continuing his evidence this morning.
The messages were obtained after the ACT Board of Inquiry issued a subpoena to obtain Mr Whybrow‘s communications with prosecutors and police over matters related to Mr Lehrmann’s trial.
The communications also reveal that The Australian’s columnist Janet Albrechtsen had called Mr Whybrow on October 19, 2022 – the day the jury began deliberating – and asked him to confirm the Moller Report’s existence.
“I received a call from Janet Albrechtsen (journalist) asking me about a document she referred to as the ‘Moller Report’,” Mr Whybrow said in his statement to the inquiry.
“From what she was telling me, I understood this to mean the Investigative Review Document or some parts of it.
“Ms Albrechtsen requested I confirm the document existed. I informed her I was not prepared to comment on the matter at all.
“I suggested she may wish to enquire with AFP media, the Police involved in the investigation, or lodge a Freedom of Information request for the document she was describing.”
The day after the call from Ms Albrechtsen, Mr Whybrow contacted Detective Inspector Marcus Boorman and asked him how the media could access the documents.
“Mate can you give me a call or better can we have a chat,” Mr Whybrow texted him on October 20.
They spoke on the phone before exchanging further text messages.
Detective Boorman told him that the journalist would need to try to obtain it through a Freedom of Information application.
“Appreciate our discussion. Just spoke to Scott. The lady will need to go through the FOI processes,” he texted.
