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Maeve Bannister

Lead cop probing Higgins’ rape allegation reveals he’s a sexual assault survivor

The senior police officer who investigated rape allegations made by Brittany Higgins has revealed he is a sexual assault survivor. 

Australian Federal Police Detective Superintendent Scott Moller disclosed his personal experience while giving evidence at an independent inquiry into how the justice system handled Higgins’ case.

“I’m a survivor — 45 years ago I was a victim of sexual assault and I’ve lived with that,” Moller said.

“That has driven my desire to work in the police and to work with victims in community-based policing specifically.”

Moller, who had been grilled on his response to Higgins, said he was offended by suggestions the investigation had been affected by rape myths.

“I’ve lived with that and it’s difficult to have that experience,” he said.

“As dedicated as I am and other police are in ACT Policing, it is disappointing to hear that there is an inference that we’re not working as hard as we can to solve those matters, to move forward with those matters and to have them prosecuted.”

Moller said this would be his ongoing commitment until he retired. 

He was the lead officer who investigated Higgins’ allegation her former colleague Bruce Lehrmann raped her in 2019, inside the Parliament House office of then-Coalition minister Linda Reynolds after a night out.

Mr Lehrmann denies the allegation.

Earlier, the senior officer walked back his criticisms of the ACT’s victims of crime commissioner Heidi Yates who supported Higgins. 

In his inquiry submission, Moller claimed Yates’ involvement in the matter was inappropriate and he felt she was trying to place a barrier between investigators and Higgins.

But during cross-examination by the commissioner’s lawyer Peggy Dwyer, Moller conceded Yates in fact helped facilitate police communication.

He admitted he did not have a good understanding of the commissioner’s role before he wrote his statement to the inquiry and had not read the Victims of Crimes Commission Act.

When Yates’ lawyer pointed to examples of the commissioner’s assistance, including organising for Higgins to provide additional evidence, he acknowledged her involvement was beneficial.

“I absolutely see that it’s within her role for Ms Yates to be involved in matters like this as a support person if she chooses to,” he said.

Moller told the inquiry he was concerned about police inexperience within the territory’s sexual assault and child abuse team (SACAT) which put pressure on senior officers.

He said SACAT was a training ground for budding detectives to learn their strategies and officers in the division were very young and inexperienced.

While the organisation was proud the division provided training for young police officers, it also presented challenges.

Very few SACAT officers had completed an AFP sexual assault training program and Moller admitted he had not done it. 

“The training [officers] are given at the moment is learnt on the job,” he said. 

Moller acknowledged there was “absolutely” room for improvement when it came to police training on sexual assault responses.  

But he denied an accusation he showed bias in favour of Lehrmann.

Mark Tedeschi KC, representing ACT Director of Public Prosecutions Shane Drumgold, pointed to a comment Moller liked on a LinkedIn post in December 2022.

It followed the prosecutor’s decision to drop the charge against Lehrmann due to fears about the impact of a second trial on Higgins’ mental health.

Moller liked a comment that said: “Mr Lehrmann is innocent until proven otherwise.”

The comment went on to say the former Liberal staffer did not deserve to be “negatively labelled for the rest of his life” and the author was “deeply shocked” by some of Drumgold’s reported comments on the case.

Tedeschi suggested liking this comment showed Moller had a bias in favour of Lehrmann but the senior detective disagreed.

He accepted, in hindsight, he shouldn’t have liked the comment. 

If you or someone you know is affected by sexual assault or violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. National Sexual Abuse and Redress Support Service: 1800 211 02. In an emergency, call 000.

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