An ACT Board of Inquiry into the prosecution of Bruce Lehrmann over the alleged rape of Brittany Higgins has heard the key relationship between police and prosecutors was "beset by tension" from the outset.
The inquiry is the ACT equivalent of a Royal Commission, and is examining whether the criminal justice agencies involved in the matter — including police, the Director of Public Prosecutions (DPP), and the Victims of Crime Commissioner — fulfilled their responsibilities.
Mr Lehrmann has maintained his innocence and there have been no findings against him.
His trial was abandoned due to juror misconduct, and the DPP declined to proceed with a second trial, out of concerns for Ms Higgins's welfare.
The inquiry was sparked by a letter sent from chief prosecutor Shane Drumgold to the ACT's chief police officer, in which he claimed police had pressured him not to charge Mr Lehrmann.
Inquiry will examine various 'points of conflict'
The inquiry took opening statements on Monday from multiple legal representatives, and heard brief remarks from the chair, former Queensland judge Walter Sofronoff KC.
Counsel assisting the inquiry, Erin Longbottom, used her opening statement to outline various "points of conflict" between police and prosecutors.
She said they included the charging decision, and the "apparent close engagement between investigating officers and lawyers for Mr Lehrmann during the trial."
"You will hear evidence that from the outset, engagement between the DPP and ACT Policing in this matter was beset by tension," Ms Longbottom said.
"Those involved in the meetings appear to have somewhat different perceptions of what occurred."
Ms Longbottom also identified the social context of the allegation as a key issue of concern for the inquiry.
Ms Higgins went public with the allegation in early 2021, at a time of intense public discussion about sexual assault and the treatment of women.
"That context seemingly affected police — charged with the responsibility of investigating the allegations made against Mr Lehrmann — as well as the DPP and the Victims of Crime Commissioner, who had the statutory function of providing Ms Higgins with support," Ms Longbottom said.
Term 'Victims of Crime Commissioner' to be scrutinised
Mr Sofronoff used his opening remarks to reflect on whether the term 'Victims of Crime Commissioner' might infringe upon the presumption of innocence.
He said that would be a key question for him to consider over the course of the inquiry.
"What does that concept mean in the criminal justice system, and what bearing does it have outside the criminal justice system in discourse in public?"
Mr Sofronoff said the other central question would be the principles which governed "a proper decision" to charge an accused.
"The test … is articulated in the ACT DPP's guidelines and in other similar guidelines around the country, but they're expressed in general terms," he said.
"What I've seen so far in the information that's been gathered, is that different prosecutors around the country … approach the same test, stated in similar language, in different ways."
The inquiry has already issued 33 requests for statements and collected more than 140,000 documents.
It is expected to resume in two weeks and begin taking oral evidence.
