Brittany Higgins Bruce Lehrmann inquiry: ACT Police talk may have crushed her says Shane Drumgold

A secret police file alleged that Brittany Higgins had sex “several times” in her boss’s parliamentary office, where she later claimed to have been raped by fellow staffer Bruce Lehrmann.

It also alleged that Ms Higgins had been ‘advised several times for lying’.

The 64-page document, prepared by the Australian Federal Police, questioned its credibility and was withheld from ACT’s top prosecutor Shane Drumgold from Mr. Lehrmann.

But details have now been revealed after it was presented to the inquiry into Mr Lehrmann’s prosecution.

The unverified police allegations reveal that another Liberal staffer had alleged that Ms Higgins and another man had sex ‘several times’ in the office of then Defense Secretary Linda Reynolds.

The unnamed man is said to have had an affair with Mrs Higgins and was engaged to someone else at the time.

Prosecutor Shane Drumgold (pictured) told an inquiry into how the area’s justice system dealt with rape allegations against Mr Lehrmann that he had ‘obviously’ made a mistake

Mr Lehrmann was accused of raping Ms Higgins in the same office in 2019 but has always strongly denied the allegation.

His trial on a rape charge was dropped due to juror misconduct and the prosecution later dropped it due to concerns about Ms. Higgins’ mental health.

The ACT Board of Inquiry – with the same powers as a Royal Commission – has been set up to investigate the prosecution.

Mr Drumgold admitted he had ‘obviously’ made a mistake in withholding the paperwork from the defense team and said they would have found Ms Higgins ‘crushing’.

But he insisted he had not deliberately withheld Mr Lehrmann’s defense because of his concerns about them, the inquiry was told.

The man identified in the police investigation has since denied and recounted the allegations news.com.au that he had never been interviewed about the allegations.

He admitted to dating Mrs. Higgins when he was single, but said they never had sex in Mrs. Reynolds’ office.

Mr Drumgold was questioned on Tuesday by counsel assisting the investigation, Erin Longbottom KC, as to why he claimed an investigative document was covered by lawyer’s professional secrecy and should not be provided to the defence.

‘Clearly wrong, clearly wrong,’ said Mr Drumgold, saying he mistakenly believed it was in the exhibit.

The investigative documents contained criticism of Ms Higgins by police, the inquiry was told.

Mr Drumgold was asked by Ms Lubbermans if he felt ‘frustration’ that the documents had been prepared in response to a subpoena.

“I don’t remember being frustrated about it,” Mr Drumgold said. “It is clear that the document showed a strong bias as a separate document.”

When asked if he was concerned about it being given to the defence, Mr Drumgold said he was concerned it could harm Ms Higgins.

“Well, I didn’t think it should fall into the hands of (the defence) because it essentially says that a senior police officer has drawn certain conclusions about a complainant through a stereotyped, bias analysis,” said Mr Drumgold.

“I mean, it’s potentially horribly damaging to a complainant if that document finds its way to a court.”

Prosecutors later dropped charges against Bruce Lehrmann (pictured) over concerns about the impact a second trial would have on Ms. Higgins’ mental health.

Mr Drumgold said he feared it would be ‘crushing’ for Ms Higgins.

“Well, I was concerned that this would be crushing to the complainant,” Mr Drumgold told the inquiry.

When asked if his view of the “crushing” nature of the documents was part of his opposition to their disclosure, he said, “I don’t think so. I mean, it’s nowhere in my entries, my thought processes were in my entries.’

The inquiry is set to hear from key figures involved in the process, including defense counsel Steven Whybrow SC.

Mr. Lehrmann, who is not expected to provide evidence for the investigation, has been sitting in the back of the public gallery.

Retired Judge Walter Sofronoff KC is presiding over the case and will report to the ACT government by July 31.