The ACT government has launched an inquiry into the case of Bruce Lehrmann after explosive allegations the police “aligned” with the defence in his trial for the alleged rape of Brittany Higgins.
The Australian Capital Territory chief minister, Andrew Barr, and the attorney general, Shane Rattenbury, announced the probe on Wednesday, three weeks after prosecutors said they would not pursue a retrial as it would pose an “unacceptable risk” to Higgins’ health.
In a statement the pair said after a “number of complaints and allegations” about the trial the ACT government established a board of inquiry to consider engagement between the ACT director of public prosecutions (DPP) and ACT policing, “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. “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.”
Barr told reporters in Canberra the inquiry would be “robust, fair and respect the rights of those involved”.
The ACT government is still seeking a legal expert to conduct the inquiry, which will report in the first half of 2023. ACT policing, the DPP and victims of crime commissioner have all indicated their intention to cooperate.
The inquiry will have compulsory powers and be able to hold private and public hearings. Rattenbury raised expectations for the latter by noting part of the inquiry’s function was to “ensure public scrutiny” and test claims in public.
Lehrmann maintains his innocence to allegations that he raped Higgins, a colleague and fellow political staffer, in the office of the then defence industry minister, Linda Reynolds in March 2019. He pleaded not guilty to one charge of sexual intercourse without consent, denying that any sexual activity had occurred.
The Lehrmann trial was abandoned in October after a juror brought in outside research papers on sexual assault.
Earlier in December, Guardian Australia revealed that the chief prosecutor complained that police officers engaged in “a very clear campaign to pressure” him not to prosecute Lehrmann, saying there was “inappropriate interference” and he felt investigators “clearly aligned with the successful defence of this matter” during the trial.
Those claims were contained in a letter sent to the ACT’s police chief in early November by the director of public prosecutions, Shane Drumgold SC, obtained under freedom of information.
On Wednesday Rattenbury described those allegations as “concerning”, adding it was important to examine the “fracture points” in DPP and ACT Policing’s relationship to ensure ongoing cooperation.
Lehrmann responded to the inquiry through lawyers, who said he welcomed it and “hopes the terms of reference will extend to an examination of all aspects of this matter, including decisions not to prosecute various individuals and the efforts taken by the DPP to ensure a fair trial”.
Lehrmann’s lawyers have previously complained of matters they claimed could have amounted to contempt of court including Higgins’ comments outside court after the trial was abandoned and Lisa Wilkinson’s Logies speech which caused the trial to be delayed. No action for contempt was taken against either.
Drumgold’s allegations have already been referred to the federal integrity and corruption watchdog for law enforcement, as ACT policing is a branch of the Australian federal police.
The Australian federal police association has previously rejected “smears” against investigators and on Wednesday restated its support for the inquiry.
AFPA president, Alex Caruana, said the probe should include the conduct of Rattenbury and his office to ensure there was no “political interference”.
Caruana accused Drumgold of making “explosive” statements, causing a “media frenzy [that has] eroded the community’s faith in its institutions”.
The AFPA warned the inquiry should respect the privacy of individuals including by only holding public hearings in “exceptional circumstances”.
In the statement, Rattenbury said the investigation “is not about revisiting the trial, any evidence in the trial or the outcome of the trial”.
“It is expected that the inquiry will have regard to investigations which other bodies may be conducting regarding these matters,” he said.
“I would ask everyone to respect the privacy of individuals who will be involved in this inquiry.”
At the press conference, Rattenbury noted it will be up to the inquirer to decide whether to hold public hearings and to call Lehrmann and Higgins, adding that he or she would have to “take into account” the mental health of participants.
Rattenbury said the government will consider legislating potential penalties for juror misconduct after the inquiry, and revealed it is already considering other reforms like majority jury verdicts.
