Anthony Albanese and Scott Morrison slammed by top judge over Brittany Higgins apology

A top judge has loosened the handling of former Liberal staffer Brittany Higgins’ rape allegations against Bruce Lehrmann.

Acting NSW District Court Judge Paul Conlon said the prosecution was ‘doomed’ to fail because the allegations had been widely discussed by public figures before going to court.

He took particular aim at the “incredible naivety” of Labor leader Anthony Albanese and his Liberal predecessor in the country’s highest office, Scott Morrison, both of whom formally apologized to Ms Higgins in parliament.

An inquiry into Parliament House culture by Sex Discrimination Commissioner Kate Jenkins in the Set The Standard report called for a ‘declaration of acknowledgment’ by top politicians for alleged past misconduct and inaction.

In February last year, in response, Mr Morrison and Mr Albanese both addressed Ms Higgins directly in parliamentary speeches while she was in the stands, telling her they were ‘regretting’ her experience before any allegations were proven in court.

Their comments were protected by parliamentary privileges, but Judge Conlon said they were still widely heard by the public.

“In the Lehrmann/Higgins case, that was doomed to fail once it was deemed appropriate to air the issues in the public domain and try to influence public opinion,” said Judge Conlon. The Weekend Australian.

He also targeted the “stupidity” of “some sections” of the media, saying that the legal principle of presuming an accused’s innocence was being overruled.

Judge Conlon added that he was ‘baffled’ by the criticism of Australian Federal Police officers who had questioned the strength of the case against Mr Lehrmann and said they should do so as part of their job.

An investigation has been launched into the prosecution in the Higgins case, led by ACT Director of Public Prosecutions, Shane Drumgold SC.

Mr Drumgold told the inquiry he was concerned about the ‘objectivity’ of police, who had expressed strong doubts about the evidence and claimed there was a ‘skill shortage’ among detectives.

The trial of Mr Lerhrmann, who has denied the allegations, was dropped due to misconduct by a juror after a juror considered a sexual assault research paper after being instructed not to conduct an outside investigation.

A new trial was also halted after medical experts warned Ms Higgins’ health and well-being were at risk.

Bruce Lehrmann has denied the allegations against him and has not been convicted of any crime

Judge Conlon said in his experience he had seen an increasing number of cases being brought to courts where prosecutors had little evidence and would leave victims with more trauma because of likely acquittals.

Judge Conlon slammed public figures who commented on the case

He said prosecutors have a duty to the community not to bring individuals to justice based on weak evidence.

“It is easier for prosecuting authorities to take the case to court and let the jury decide. They then don’t have to take on the difficult task of telling a complainant that the case is off and explaining why that decision was made,” he said.

He added that some prosecutors also believed they could escape criticism by letting the case be decided in court.

Judge Conlon, who served as Crown Prosecutor for 20 years before joining the court in 2006, said he understood that every state prosecutor’s office in the country is working on a similar directive.

The guideline states that if there was no reasonable prospect of conviction based on a professional assessment by the department, the case should not be brought to court.

A prosecution inquiry into the case, led by Shane Drumgold SC, will deliver its findings on July 31.

NSW District Court colleagues Judge Penelope Wass and Judge Gordon Lerve have expressed similar concerns.

Judge Wass, in a recent verdict in which a defendant was acquitted by a jury after 25 minutes, said prosecutors should do more than “reguard” charges through the justice system.

“The state of the evidence was such that at trial I came to believe that if the jury had found guilty on any basis, I would have presided over a clear miscarriage of justice,” Judge Wass said of that case.

The Sofronoff inquiry into the handling of Mr Lerhmann’s prosecution will deliver its findings on July 31.