The ACT’s top prosecutor denies he deliberately withheld documents from Bruce Lehrmann’s defence team where police wrote “pejorative comments” about Brittany Higgins.
Shane Drumgold told an inquiry into how the territory’s justice system handled rape allegations against Mr Lehrmann that he’d “clearly” erred in not providing the documents, but denied he’d done so due to his concerns with them.
The ACT Director of Public Prosecutions is giving his second day of evidence to the inquiry, established after accusations by police and prosecutors about each other’s conduct during the case.
Former Queensland solicitor-general Walter Sofronoff is leading the inquiry which is examining how territory police, prosecutors and a victim support service handled Ms Higgins’ allegations.
Mr Drumgold was grilled on the department’s disclosure of documents to the defence, where they didn’t hand over one containing police criticism of Ms Higgins, citing legal professional privilege.
He told the inquiry it was “clearly error” to rely on legal professional privilege, but maintained he’d relied on those concerns to not hand over the document.
“I had some concerns this would be crushing to the complainant,” Mr Drumgold told the inquiry.
“I held a concern that a senior police officer … reducing to writing pejorative comments about a complainant, if it falls into the ears of the complainant would be crushing and that would inhibit her ability to engage in trial.”
Mr Lehrmann faced an ACT Supreme Court trial in October 2022 but juror misconduct meant a verdict was not reached.
Prosecutors later dropped the charge against Mr Lehrmann because of concerns about the impact a second trial would have on Ms Higgins’ mental health.
Mr Lehrmann denies raping Ms Higgins in Parliament House in 2019.
He made an unexpected appearance at the inquiry on Monday and sat at the back of the tribunal room.
Mr Lehrmann’s defence lawyer Steven Whybrow will also give evidence to the inquiry in the first block of public hearings.
A report will be provided to Chief Minister Andrew Barr at the end of July.
– AAP
