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National

Police union hits back at ACT's top prosecutor after he criticised officers' actions during Bruce Lehrmann trial

Tensions between the Australian Federal Police (AFP) and the ACT Director of Public Prosecutions (DPP) have reached boiling point over the now-abandoned trial of former Liberal Party staffer Bruce Lehrmann, who was charged with the alleged rape of Brittany Higgins at Parliament House in Canberra in 2019.

In a letter, obtained under freedom of information (FOI) law by the Guardian, chief prosecutor Shane Drumgold wrote to the ACT's chief police officer, calling for a public inquiry into political and police conduct during the prosecution.

The police union has now weighed in, accusing Mr Drumgold of smearing the AFP and ACT Policing.

In a statement, Australian Federal Police Association (AFPA) president Alex Caruana said a full judicial inquiry was necessary and could be accompanied by a referral to the ACT Integrity Commission or the Commonwealth Ombudsman if that inquiry found any misconduct by any party.

Mr Caruana said the inquiry should also examine the conduct of Mr Drumgold, the DPP, ACT Victims of Crime Commissioner Heidi Yates and ACT Attorney-General Shane Rattenbury.

Mr Caruana added he was concerned about how the letter came to be in the public domain.

"The AFPA will make a formal complaint to the Office of the Australian Information Commission and the ACT Ombudsman regarding the possibility of FOI breaches and misconduct [by] the Director of Public Prosecutions," he said. 

Attorney-General backs Mr Drumgold

Today, Mr Rattenbury said he was concerned by the tension between the police and the ACT's chief prosecutor.

"I was asked during the week whether I had confidence in the director [Mr Drumgold], and I have not seen anything to this point that has me [questioning] otherwise," he said.

"But the director has raised these concerns with me briefly, and I am certainly in the process of seeking out more details.

"Given the serious nature of the allegations, obviously the government will contemplate this quite seriously and consider the best way to proceed."

Mr Rattenbury said he was aware of the call for an inquiry, but said as the matter had been referred to the Australian Commission for Law Enforcement Integrity, it was "not appropriate to comment further at this time".

Mr Lehrmann's trial was aborted after misconduct by a juror, and although a retrial was planned for February, it was abandoned by Mr Drumgold last week amid fears any trial would have adversely affected Ms Higgins's health.

At the time, it was revealed she was in hospital.

Mr Lehrmann has maintained his innocence and there have been no findings against him.

He recently retained Sydney defamation lawyer Mark O'Brien to consider action over media reporting and social media posts.

The AFP has acknowledged the call for an inquiry and said it would fully cooperate if one was established.

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