‘Another world in the state of Qld’: Lehrmann’s lawyers dealt legal blow
By Cloe Read
Bruce Lehrmann’s lawyers have suffered a legal setback after abandoning part of their application to have the former Liberal Party staffer’s rape case thrown out.
Last year, Lehrmann was committed to stand trial over allegations he raped a woman he met on a drug-fuelled night in 2021 at a nightclub in Toowoomba, west of Brisbane.
Lehrmann, 30, is accused of two counts of rape, and is expected to fight the charges.
Last month, Lehrmann’s legal team made an application to have the case thrown out of court, with part of it seeking a declaration that recordings of phone calls between Lehrmann’s lawyers and Queensland police were obtained illegally.
On Friday, the Toowoomba District Court heard Zali Burrows’ application related to two recordings between officers and Lehrmann’s former lawyers.
Judge Benedict Power told Burrows the application ultimately turned on her being able to establish a police officer recording conversations with a lawyer was unlawful.
Burrows agreed that there was nothing untoward about a police officer taking detailed notes of phone calls with lawyers, and that in Queensland, a lawyer would be entitled to record their conversations with police.
Lawyer Zali Burrows and Bruce Lehrmann.Credit: Edwina Pickles / Wolter Peeters
Power said: “I’m not sure if you’re aware of it, but it’s not uncommon.”
Burrows had described it as an “unfair tactical advantage” for a police officer to make a recording of a conversation with a lawyer, if the lawyer inadvertently breached the client’s privilege.
She accepted that the legal privilege would still remain, however, and she confirmed to Power she was not asserting the previous lawyers had disclosed anything legally privileged to police.
Burrows conceded she would not press for the declaration regarding the phone calls in her application, but submitted it could be cured instead by Burrows not entering into calls with Queensland police.
Power responded: “That’s a decision for you to make.”
The court also heard Burrows had sent a draft subpoena to the commissioner of the Queensland Police Service two days before Friday’s hearing, but the QPS was unable to assess it in the timeframe.
Power formally dismissed the application for a declaration that the phone calls were obtained illegally, and also ordered that on August 25 the police commissioner file a sealed copy of the material sought under the subpoena.
Burrows’ application to stay proceedings was expected to be heard at a later date.
Power said to ensure the case moved forward, and if no stay of proceedings were granted, the parties would have to set a trial date.
Power said Burrows would need to be in a position by July 31 to either list the matter for trial or explain why it was not possible.
Burrows also told the court Lehrmann had not yet indicated whether he wished to proceed with a judge or jury trial.
Outside court, Burrows told reporters she would never speak to Queensland police officers on the phone and said: “It’s another world in the state of Queensland.”
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