The independent inquiry into the handling of the Bruce Lehrmann case has a broad enough remit to examine whether the investigation and trial were subject to political influence, according to ACT attorney-general Shane Rattenbury.
The ACT government on Wednesday confirmed earlier reports that it had appointed Walter Sofronoff KC, an eminent retired Queensland judge, to lead its inquiry into the handling of the case.
The inquiry was prompted after explosive allegations about police conduct made by the director of public prosecutions, Shane Drumgold. The allegations were detailed in a letter to the police chief, Neil Gaughan, obtained by the Guardian through freedom of information laws.
Drumgold, among other things, alleged investigators attempted to pressure him to support their decision not to run the case and later aligned themselves with Lehrmann’s defence.
The police union described the attack as an unjustified “smear” and called for any inquiry to also examine the conduct of Drumgold.
The government’s terms of reference for the inquiry show it will examine the conduct of both police and of the DPP. The inquiry will began as soon as possible and aim to hand a report to government by the end of June, which will then be either fully or partially released to the public, likely in either July or August.
Rattenbury said he has expressed a desire to Sofronoff that as much of the inquiry is made open to the public as possible.
“We have conveyed the government’s desire to bring sunlight to this matter, to be very transparent about it,” Rattenbury said. “We have not sought to dictate to him how he conducts his inquiry, we have certainly conveyed our expectations that he do it in a way that provides public confidence.”
The inquiry will examine whether police breached their duties while investigating Brittany Higgins’ allegations, or in their “dealings with the DPP or the legal representatives for Mr Lehrmann before, during or after the trial”.
It will also probe whether police breached their duties “in their provision of information to any persons in relation to the matter of R v Lehrmann”.
The DPP’s conduct will be examined in “making his decisions to commence, to continue and to discontinue criminal proceedings against Mr Lehrmann”.
The inquiry will also be able to examine the DPP’s decision to release the letter outlining his concerns about police conduct to the Guardian through freedom of information laws.
Lehrmann’s trial collapsed after juror misconduct and prosecutors declined to proceed with a retrial due to concerns about Higgins’ mental health.
That leaves Lehrmann with the presumption of innocence. He has always denied the allegation that he raped Higgins and pleaded not guilty at trial.
Rattenbury said the board of inquiry had no role in re-examining the allegations against Lehrmann.
The inquiry has significant powers. It can hold public or private hearings, can subpoena documents and witnesses, and issue search warrants.
The chief minister, Andrew Barr, said the allegations made against the territory’s criminal justice agencies were serious.
Rattenbury described the complaints of misconduct as “highly unusual” and said the government was “very concerned”.
“That’s why we commissioned a board of inquiry because this, under ACT legislation, is the highest level of inquiry we have and I think that reflects our concern at the unusual nature of the allegations,” he said.
He said the terms of reference allow for the inquiry to probe any political influence on police or the DPP.
That could, Rattenbury said, potentially include further examination of a complaint from Higgins – given in evidence during the trial – that details of her rape complaint had been given by police to then home affairs minister Peter Dutton.
“The terms of reference, and I’m not commenting on the veracity of those comments, would enable that to be considered,” he said. “I would consider that if that matter was alleged by a witness, the commissioner would examine it.”
