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Lehrmann alleges ‘malice’ and ‘political interests’ in bombshell letter

Bruce Lehrmann can now be publicly named as the high-profile man accused of rape in Toowoomba.

Bruce Lehrmann can now be publicly named as the high-profile man accused of rape in Toowoomba. Photo: Getty

Bruce Lehrmann has lodged a complaint of professional misconduct against ACT prosecutions director Shane Drumgold, alleging he failed to ensure a fair trial, it has been reported.

The former Liberal staffer has accused Mr Drumgold of being driven by “malice” and “political interests” in pursuing the case against him, rather than justice and equality before the law.

He also complains that Mr Drumgold failed to order takedowns of high-profile material in the media, including Lisa Wilkinson’s Project interview, an ABC Four Corners report, and Brittany Higgins’ women’s march speech.

Mr Lehrmann outlines his allegations against the ACT’s Director of Public Prosecutions in a complaint to the ACT Bar Council, a copy of which was obtained by News Corp outlets The Australian and news.com.au.

“I contend that his conduct was driven by malice towards me personally. I also consider that his conduct was political,’’ Mr Lehrmann wrote.

“I take the view that the director’s behaviour was consistent with a legal practitioner who was acting in the interests of a particular person, bolstered by political interests on the part of the director and possible third-party political interference, rather than in the overall interests of justice.

“By these failures, the director has undermined the principle of equality before the law, and importantly, the presumption of innocence and a right to silence. He failed in his unique and special duties as a prosecutor.”

Mr Lehrmann alleges Mr Drumgold had brought “disrepute” to his office and continued to “smear my name” in public, disregarding the presumption of innocence.

“More importantly to me, he impugns the conduct of my legal team, who have been family to me and without them, I would not be here today.

“I am innocent of the charge pursued against me by the director. I have always, strongly maintained my innocence.”

Mr Lehrmann said he was living in Tasmania “where I have been seeking respite for some time away from the aggressive media spotlight and at the recommendation of my clinical psychologist”.

“While he holds significant concerns about travel interstate and my wellbeing under intense media scrutiny, I am prepared to return to Canberra should you require me to discuss this letter in more detail and/or to give evidence in any investigation you may hold,” he wrote.

Mr Lehrmann also complained that the DPP “defamed me by publicising his view that a successful prosecution was still possible.”

“By giving the statement he did, he undermined the presumption of innocence and advocated for a particular individual (being Ms Higgins) rather than the proper and fair administration of justice.”

Police want inquiry widened

Meanwhile, the police union is calling for an independent inquiry into how ex-Liberal staffer Brittany Higgins’ rape allegations were handled to be expanded to include the actions of the ACT attorney-general.

Former Queensland solicitor-general and court of appeal boss Walter Sofrnoff will head the inquiry into whether police, Mr Drumgold or the Victims of Crime Commissioner breached their duties during the investigation.

He will report to Andrew Barr by June 30, with the ACT Chief Minister suggesting findings were likely to be made public in August.

The terms of reference released on Wednesday include looking into whether police failed to act in line with their duties when investigating allegations Ms Higgins was raped by Mr Lehrman, her former work colleague.

Mr Lehrmann was tried in the ACT Supreme Court last year, but juror misconduct led to a mistrial.

The prosecution later dropped the charge because of concerns about the effect of a second trial on Ms Higgins’ mental health.

Mr Lehrmann had consistently denied the allegation and no findings were made against him.

The inquiry will investigate police dealings with Mr Drumgold and Mr Lehrmann’s lawyers, and how a letter from Mr Drumgold to ACT police chief Neil Gaughan was made public.

In the letter, Mr Drumgold alleged police had pressured him not to charge Mr Lehrmann.

But the Australian Federal Police Association is calling for the actions of ACT Attorney-General Shane Rattenbury to be investigated as well.

Association president Alex Caruana noted the DPP had asked Mr Rattenbury about the possibility of video testimony from the trial being used at a retrial, saying the timing was concerning with any effort to push through a law change lacking proper consultation.

“What was the rush? How many previous complainants and victims have had to undergo a retrial and present evidence in the witness box before the DPP finally raised these issues with the attorney-general?” he said.

“I’d like the inquiry to ask these questions of the attorney-general.”

Mr Rattenbury said it was important to remember the inquiry was not a retrial of the case.

“The ACT government acknowledges the need for public confidence in the criminal justice system … there has been a series of commentary and release of documents that have given people some question and concern,” he said.

The terms of reference had been drafted to give the inquiry “significant latitude”, Mr Rattenbury said.

Mr Barr said he was confident Mr Sofronoff would deliver “a thorough and respectful independent inquiry”.

“The allegations and complaints made against our criminal justice agencies are serious,” he said.

“Mr Sofronoff is a highly regarded legal expert with experience leading sensitive inquiries throughout his career.”

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