Bruce Lehrmann withdraws illegal recording claims in Toowoomba rape case

A lawyer for Bruce Lehrmann has revealed why she will no longer take phone calls from police in relation to the former Liberal staffer’s rape allegations, in a key hearing that took a major twist.

Picture: FILE / by Don Arnold/Getty Images

A hearing into Bruce Lerhmann’s allegations that police illegally recorded conversations with his lawyers while investigating an alleged rape has been cancelled.

The 29-year-old has been charged with two counts of rape following an alleged incident in 2021 following a night out in Toowoomba.

When Mr Lerhmann’s application hearing was dismissed before Toowoomba District Court on Friday, July 25, the court heard Mr Lerhmann was still seeking a stay order.

If successful, it means the rape case will never be heard before the courts.

He also has a number of applications before the courts, which chiefly relate to what evidence has or has not been provided to his lawyer, including details about a new witness who recently spoke with police.

Picture: FILE / by Don Arnold/Getty Images

Last month, News Corp Australia revealed Mr Lehrmann’s lawyer Zali Burrows filed for a permanent stay on the criminal proceedings and alleged police officers illegally recorded two phone conversations with his lawyers.

Ms Burrows informed the court on Friday that she no longer intended to pursue the matter and withdrew her application on the morning of the hearing.

Ms Burrows told Judge Benedict Power KC that Mr Lehrmann’s position had since changed, and he now sought a declaration that police be prohibited from recording any future conversation with his legal representation.

However, she said the issue could easily be remedied as she intended to refuse to speak to any police personnel via the phone.

Judge Benedict Power KC, who was instructed by Ms Burrows on Wednesday that the hearing was to go ahead, told her the application was the only reason for the court proceedings on Friday.

Ms Burrows briefly raised the issue of allegedly missing evidence and noted she recently received pages from a police officer’s notebook.

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

Barrister Michael Bonasia, who appeared on behalf of the commissioner of police, confirmed that his client was served with a subpoena that week to appear in court on Friday, in regard to police material sought by Ms Burrows.

Mr Bonasia said the subpoena was only served on Wednesday afternoon, and more time was needed to assess the validity of the lawyer’s claims.

Judge Power said, regardless of Mr Lehrmann’s application to have the case halted, the matter needed to progress, and ordered a hearing date for the trial to be listed.

He ordered that a date be set for the potential rape trial on July 31, and that a hearing related to the order filed against the commissioner of police be heard before the Toowoomba District Court on August 28.

Judge Power formally dismissed Mr Lehrmann’s application as to whether or not police illegally recorded conversations with his lawyers.

During the proceeding, Ms Burrows conceded the calls were routine and Queensland legislation generally permitted such a recording to occur.

The court heard that if the trial was to go ahead, Mr Lehrmann had not yet decided if he wanted his rape case to go before a jury of his peers or proceed as a judge-only trial.