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Bruce Lehrmann’s legal fight explodes: Lawyer demands accuser’s full phone data, slams ‘cherry-picked’ evidence

Former Liberal staffer Bruce Lehrmann’s rape case returned to court, with his lawyer demanding prosecutors hand over key pieces of evidence.

Lehrmann arrives at Toowoomba court

Bruce Lehrmann’s lawyer has accused crown prosecutors of “cherry-picking evidence”, as she demands they hand over the full contents of the alleged victim’s phone.

The former Liberal staffer, 29, was charged with two counts of rape over an alleged incident in his hometown of Toowoomba, west of Brisbane, in October 2021.

In April, a Toowoomba District Court Judge Dennis Lynch KC told Lehrmann’s lawyer Zali Burrows and the state’s Director of Public Prosecutions that he would not enter a dispute over what should or should not be disclosed, urging them instead to file applications on the matter.

When the case returned to court on Thursday, Ms Burrows pointed an application she lodged this week requesting full access to the unredacted version alleged victim’s phone, known as a Cellebrite report.

Bruce Lehrmann and solicitor Zali Burrows. Picture: Elise Kaine
Bruce Lehrmann and solicitor Zali Burrows. Picture: Elise Kaine

The prosecution previously rejected Ms Burrows’ request for the full phone report, stating they had extracted and shared all the relevant material.

In criminal law, opposing parties are obliged to disclose all material relevant to the case - whether it’s favourable or not.

Ms Burrows’ application also included a request for the prosecution to hand over all relevant evidence in its possession, even if it doesn’t intend on using the material in the case, and all police investigation notes.

Ms Burrows told the court: “There appears to be a shroud of secrecy over the investigation in this matter, in that the Crown cannot confirm at this stage if there are any police notebook or diary entries in respect of this investigation.”

“In respect of the complainant’s phone, it appears that we have only received about 200 pages with redactions from the 2200-page Cellebrite report. As it stands, the material is cherry picked with disjointed exchanges.”

She said it was not up to the crown to determine what evidence was necessary to the case.

Bruce Lehrmann is pictured leaving Toowoomba Magistrates Court. Picture: NewsWire
Bruce Lehrmann is pictured leaving Toowoomba Magistrates Court. Picture: NewsWire

In April, Ms Burrows told the court the DPP failed to hand over nine witness statements and CCTV recordings.

She said the matter should not be set down for a pre-trial hearing until the disclosure issues were sorted.

Lehrmann is accused of raping a woman twice after they met at a strip club on October 10, 2021.

The pair allegedly had consensual sex, before alleged victim fell asleep.

She allegedly woke up to find Lehrmann was having sex with her and told him to stop. She made her formal police complaint on November 26, 2021.

Lehrmann is yet to enter a plea, but he is expected to fight the allegations.

The disclosure application will be heard on June 20.

Originally published as Bruce Lehrmann’s legal fight explodes: Lawyer demands accuser’s full phone data, slams ‘cherry-picked’ evidence

Original URL: https://www.thechronicle.com.au/news/queensland/bruce-lehrmanns-legal-fight-explodes-lawyer-demands-accusers-full-phone-data-slams-cherrypicked-evidence/news-story/f1b3bc6e5f5fc72e50bd7f079c97f6e2