A top agent involved in the investigation of Brittany Higgins’ rape allegation was always suspicious that the former ministerial staffer was behind an embarrassing leak to the ABC’s chief political correspondent.
Those suspicions now seem justified after text messages emerged indicating that Ms Higgins did indeed leak complicated details of her complaint against the Australian Federal Police to Laura Tingle – apparently with the blessing of ACT Director of Public Prosecutions, Shane Drumgold.
Daily Mail Australia this week revealed a series of WhatsApp messages between Ms Higgins and Ms Tingle in March and April 2022.
In the texts, Ms Higgins warned Ms Tingle that she was filing a complaint against the AFP over the unlawful release of her private mental health records and psychological notes to Bruce Lehrmann’s defense team.
“Hello Laura, I hope you are well. Completely off the record, but I wanted to get in touch about a formal complaint that I will probably file against the AFP in the coming weeks,” Ms Higgins wrote in March.
Daily Mail Australia can now reveal that Acting Assistant Commissioner Joanne Cameron has set out her alarm about the leak and its possible source in a statement to a Commission of Inquiry, which is investigating the conduct of police and prosecutors before, during and after the jury trial of the Mr. Lehrmann.
Brittany Higgins (pictured) alleged that Bruce Lehrmann raped her in Parliament House in 2019. He denies the allegations
Acting Assistant Commissioner Joanne Cameron (pictured) was concerned details of Ms Higgins’ complaint to AFP had been leaked
In her statement to the inquiry, Commissioner Cameron said she became aware that Ms Tingle became aware of the complaint on 26 April last year – a day before the article was published on the national broadcaster’s website.
The commissioner was not directly involved in the investigation of the former Liberal staffer’s allegations, but was involved with the team reported to her.
“I received an e-mail from Scott Moller regarding how the ABC found out that the defense had obtained advisory notes from Ms. Higgins,” Commissioner Cameron’s statement read.
The next day she learned that Ms Tingle had contacted the police for comment before publishing the story.
“I remember being concerned at the time that there was a leak because the media investigation took place so soon after the events described in the investigation, and with an unusual level of granularity,” said Commissioner Cameron.
She telephoned the Commissioner for Crime Victims, Heidi Yates – who was Ms Higgins’ supporter and acted as a conduit between the complainant and the police – to inform her of Ms Tingle’s media investigation.
‘I advise [Ms Yates] that AFP had received a media inquiry from a journalist related to the Lehrmann investigation and that ACT Policing would not comment because the matter was in court,” she said.
“Besides, I asked as a conduit between the police and Mrs. Higgins [Ms Yates] to remind Ms Higgins that any further involvement in the public debate on the matter could jeopardize the legal process.’
Commissioner Cameron further stated that Ms Yates assured her that Ms Higgins was ‘well aware’ of police concerns that public discourse could negatively affect the jury process.
Ms Higgins alleged that her former colleague Mr Lehrmann raped her in March 2019 in the House of Parliament after a night out. His original ACT Supreme Court trial was scheduled for June last year, but was later moved to October before the case was dropped.
ACT Director of Public Prosecutions Shane Drumgold (pictured) is pictured outside the investigation earlier in May
Mr. Lehrmann had pleaded not guilty and continues to maintain his innocence.
In texts obtained by Daily Mail Australia, Ms Higgins told Ms Tingle that Mr Drumgold had pointed out to her that the AFP had ‘disclosed illegally protected material to counsel given in evidence’.
She then alluded to another conversation Mrs Tingle had with David Sharaz, Mrs Higgins’ friend: ‘Excuse me if David has already filled you in – Shane Drumgold, the DPP, brought a whole new palaver to (our) attention. ‘
Ms Higgins referred to the police handing over two years’ worth of confidential advice notes to Mr Lehrmann’s lawyers, along with video recordings of her first interview with police, known as her evidence in lead interrogations.
Mrs Tingle quickly responded, ‘Oh Britt. I’m very sorry. You need this like a hole in your head. How sh*t. How damned outrageous. Thank you for filling in. David hadn’t mentioned it.’
“I will, of course, keep it securely in the safe. Of course, just sing along if and when you want to deliver the full lot. Lots of hugs and boxing gloves in the meantime.”
Weeks later, on April 20, Ms Higgins texted Ms Tingle to say she intended to file her complaint against AFP later that day.
She then sent screenshots of five pages of notes compiled by Mr Drumgold ‘in connection with police misconduct’, Ms Higgins explained in a lengthy message.
On April 26, Mrs. Tingle said: ‘Hello Britt, just to let you know I’d like to follow up on this. I have written a draft pending clarification from the DPP on the use of that information provided to you (and the best way to attribute it).’
Brittany Higgins messaged Laura Tingle in March to let her know about the complaint (mock-up of the lyrics, photo)
Laura Tingle replied, “Oh Britt. I’m very sorry. You need this like a hole in your head. How sh*t’
Ms Tingle said it was ‘probably a good idea’ for Ms Higgins to speak to Mr Drumgold again, adding that she should also approach his office for an official comment ahead of publication.
Mrs. Higgins reaffirmed that she would speak to Mr. Drumgold: “Yes, I have e-mailed Shane and will try to speak to him shortly.”
Mrs Tingle said, ‘Excellent! Let’s hope we can clear all the hurdles and get out today.’
The latest article was published on April 27 on ABC’s website.
A line at the end of the article showed Mr Drumgold refusing to comment when approached by Ms Tingle: ‘A spokesman for the DPP said he declined to comment on the matter as it is currently under consideration by the court.’
ACT Policing also declined to comment at the time, but the matter was heavily discussed earlier this month at a committee of inquiry into how police and prosecutors handed over Mr Lehrmann’s trial.
Mr Lehrmann’s trial continued in October, but was derailed by a juror bringing banned investigative material into the jury room. On 2 December, Mr Drumgold announced that there would be no new trial due to concerns over Ms Higgins’ mental health.
During the investigation earlier in May, police admitted that Ms. Higgins accidentally provided the defense with private information.
Mr Drumgold told the inquiry that he previously thought the act was malicious but changed his mind and said it was probably due to police incompetence.
The judge overseeing the investigation, Walter Sofronoff, will report his findings to ACT Chief Minister Andrew Barr in June.