The Australian Capital Territory government is next week expected to name the head of its inquiry into the handling of the Bruce Lehrmann case and release the probe’s terms of reference.
Guardian Australia understands preparations for the ACT’s inquiry are continuing and the attorney general, Shane Rattenbury, is close to naming the legal expert who will lead the investigation, which is expected to be conducted in the first half of this year.
An announcement is expected to be made next week.
Lehrmann’s trial for the alleged rape of Brittany Higgins collapsed in October after a juror brought in outside research papers on sexual assault. Prosecutors then abandoned the re-trial, citing concerns about Higgins’ mental health.
Lehrmann consistently denied the allegation, saying he had not had sex with Higgins, and the abandonment of the re-trial leaves him with the presumption of innocence.
After the decision to abandon the re-trial, the Guardian revealed bombshell allegations made by the ACT’s director of public prosecutions (DPP), Shane Drumgold, about police conduct during the investigation and trial.
In a letter sent to the police chief, Neil Gaughan, obtained under freedom of information laws, Drumgold accused police of “a very clear campaign to pressure” him not to prosecute, alleging there was “inappropriate interference” and that investigators “clearly aligned with the successful defence of this matter” during the trial.
The revelation of the letter prompted a furious response from the police union, the Australian Federal Police Association, which described the letter as an unjustified smear. The union supported calls for an inquiry, as long as it also scrutinised Drumgold’s actions.
In announcing the inquiry last month, the chief minister, Andrew Barr, and Rattenbury said it would consider engagement between the ACT DPP and police, “aspects” of their conduct, the role of the victims of crime commissioner, and the framework for juror misconduct.
“This was a high-profile trial,” Barr said in December. “The allegations made in recent weeks are serious. An independent review of the roles played by the criminal justice agencies involved is the most appropriate response.”
Rattenbury described Drumgold’s allegations as “concerning”. He said it was important the inquiry examine “fracture points” in the relationship between the DPP and ACT Policing to ensure ongoing cooperation.
The inquiry is expected to have compulsory powers. It will be able to hold public and private hearings, though the police union wants the privacy of individuals to be respected and public hearings reserved for “exceptional circumstances” only.
Drumgold’s allegations have already been referred to the federal integrity and corruption watchdog for law enforcement.
The government has been clear that its inquiry would not seek to revisit the trial, any evidence in the trial, or its outcome.
