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AAP
AAP
National
Rex Martinich

Lehrmann lawyer 'missing evidence' ahead of rape trial

Bruce Lehrmann is accused of raping a woman twice after they met at a strip club in Toowoomba. (Jono Searle/AAP PHOTOS)

Former Liberal Party staffer Bruce Lehrmann wants prosecutors to hand over CCTV and witness statements ahead of his rape trial after his solicitor claimed "important" evidence had been withheld.

Lehrmann is accused of raping a woman twice during the morning of October 10, 2021 after they met at a strip club the previous night in Toowoomba, west of Brisbane.

The case was mentioned in Toowoomba District Court on Thursday.

Bruce Lehrmann's lawyer Zali Burrows (file)
Zali Burrows said she was missing multiple witness statements and also important CCTV recordings. (Mick Tsikas/AAP PHOTOS)

Lehrmann's solicitor Zali Burrows told Judge Dennis Lynch she would make an application for a complete consolidated brief of evidence.

"On the 13th of March the (Office of Director of Public Prosecutions) pretty much told me in an email they had no intention to further respond to my disclosure requests," Ms Burrows said.

"The witness list now confirms I'm missing no less than nine witness statements and also important CCTV recordings."

Ms Burrows said the court needed to deal with her need for evidence disclosure before considering the prosecution's application to have Lehrmann's alleged victim declared a special witness.

If a witness is granted special status, they can be granted exemptions from normal trial procedures and may give evidence from a remote room, be shielded from the defendant's view or have their evidence and cross-examination pre-recorded on video.

Crown prosecutor Caroline Marco said her office could respond directly to Ms Burrows without the need for a court application.

"I would expect that if Ms Burrows just communicated with us as to what material she requires that we indicated was part of the brief, that we would just provide that to her," Ms Marco said.

Judge Lynch said he was not going to enter into a dispute between the two parties about what should or should not be disclosed.

Crown prosecutor Caroline Marco (file)
Caroline Marco said her office could respond directly to Zali Burrows without a court application. (Darren England/AAP PHOTOS)

"(Ms Burrows) says she doesn't know what she doesn't have ... If the parties can't agree and do it in a sensible way so that the matter can progress, someone needs to file an application and I will deal with the application," Judge Lynch said.

He said he expected all parties to file all their intended pre-trial applications to allow for hearing dates to be set before the actual trial.

The matter was adjourned for a further mention on May 22.

Lehrmann, 29, was formerly employed as a ministerial staffer in the Parliament House office of Liberal Senator Sue Reynolds.

The alleged victim previously told Toowoomba Magistrates Court she consumed cocaine with Lehrmann during a night out before consensual sex at a house in the rural city's east about 4am.

The woman said she was woken about 10am by Lehrmann sexually assaulting her.

Lehrmann's former defence barrister Andrew Hoare said at a prior committal hearing the alleged victim was too intoxicated to remember giving consent and Lehrmann could have mistakenly believed he had consent for further sex acts.

Lehrmann's former solicitor Rowan King previously told Judge Lynch their legal team would apply for the trial to be heard without a jury with a judge determining the verdict.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

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