Bombshell development at emergency hearing into the Bruce Lehrmann trial
The Australian Federal Police are refusing to hand over thousands of pages of written evidence, audio recordings, transcripts and cameras used to prosecute the alleged rapist of Brittany Higgins, a commission of inquiry has heard.
The ACT government announced in December it would hold a commission of inquiry, the equivalent of a royal commission in the Territory, into the role of police and prosecutors in the 12-day trial of Bruce Lehrmann.
Mr Lehrmann faced a ACT High Court trial in October but charges against him were dropped after it was derailed following misconduct by a juror. The charges were then dropped altogether due to concerns about Ms. Higgins’ mental health.
He had pleaded not guilty and continues to deny raping Ms Higgins in Parliament House in 2019.
The Commission of Inquiry will examine interactions between prosecutors and ACT police regarding the charges and decisions to proceed with an initial trial and then not proceed with a retrial.
An emergency hearing was called at noon on Thursday to address why the AFP failed to hand over all the evidence it had against Mr Lehrmann before the criminal trial, which is called the evidential order.
One piece of evidence could be a recording of a transcript of a telephone conversation between Mr Lehrmann’s lawyer, Steven Whybrow, and AFP Detective Scott Moller.
Ms Higgins (pictured) alleged that Bruce Lehrmann raped her in Parliament House in 2019. He pleaded not guilty
Senior counsel representing Erin Longbottom KC told the inquiry that the AFP has received numerous subpoenas to provide the evidence, but has so far waited to hand over anything.
The inquiry is led by Walter Sofronoff KC, who heavily questioned AFP lawyer Kate Richardson SC about why the information was not produced.
Ms Richardson said that the images in particular should be reviewed so that only relevant information for the investigation is provided.
“I understand that someone is going to watch and withhold the video recordings that were included in the assignment [information] because they think it’s not useful to me,” Mr. Sofronoff said.
“Did I read that right?”
Mrs. Richardson paused before answering, “I think we can sort that out with lawyers offline.”
“It’s over 100 GB of material, including raw footage, and would swamp the investigation.”
He then asked why the police should review the evidence if it is the same information that was sent to Mr Drumgold and Mr Lehrmann’s lawyers prior to the trial.
Mr. Lehrmann (pictured) has always denied the allegations against him
Referring to a conversation that may have taken place between Mr Lehrmann’s lawyer, Steven Whybrow, and Detective Moller, Mr Sofronoff asked why the police could not simply ask the detective whether there is a transcript of the phone conversation or not.
It was also revealed that AFP and Mr Drumgold were concerned that some of the documents in the exhibit could contain privileged information.
Mr Sofronoff pointed to the fact that the police had not explained why some documents would be privileged, so he would not be able to determine whether he should insist on seeing them or not.
Speaking to Mr Drumgold’s lawyer, Mr Sofronoff said: ‘When will I hear whether your client is refusing to produce a document or should I say that he has refused to produce a document?
The lawyer said the DPP may be willing to consider a waiver of privileges, to which the former judge said, “Well, when is he going to consider it?”
AFP has been given until April 11 to prepare the supporting documents.
Shane Drumgold (pictured) led the case against Bruce Lehrmann in the ACT Supreme Court in October
It will also examine police investigators, Victims of Crime Commissioner Heidi Yates, and laws in the ACT regarding juror misconduct.
The inquiry was launched after ACT Director of Public Prosecutions Shane Drumgold raised concerns about “political and policing” in the case.
He also wrote to the area’s police chief accusing his members of pressuring him not to prosecute Mr. Lehrmann.
But the police union accused Mr Drumgold of attempting to smear officers, saying it ‘firmly believes’ the ACT DPP jeopardized Mr Lehrmann’s trial.
ACT Chief Minister Andrew Barr said allegations about the conduct of several parties were significant.
“An independent assessment of the role of the criminal justice authorities involved is the most appropriate response,” he said.
The investigation will be able to hold both public and private hearings and force witnesses to attend.