ACT government to launch Lehrmann inquiry
Bruce Lehrmann has settled his defamation case against News Corp and journalist Samantha Maiden. Photo: AAP
The ACT government will launch an independent inquiry into how the prosecution of the man accused of raping ex-Liberal party staffer Brittany Higgins was handled.
Bruce Lehrmann faced a trial in the ACT Supreme Court in October, which was derailed due to juror misconduct.
The charges against him were later dropped due to concerns about the impact a second trial would have on Ms Higgins’ mental health.
Mr Lehrmann has denied raping Ms Higgins in Parliament House in 2019.
After dropping the charges, it emerged ACT Director of Public Prosecutions Shane Drumgold had raised concerns about “political and police conduct” in the case.
He also wrote to the territory’s police chief accusing his members of pressuring him not to prosecute Mr Lehrmann.
But the police union hit back at the allegations and accused Mr Drumgold’s office of compromising Mr Lehrmann’s trial.
ACT Attorney-General Shane Rattenbury said he was concerned the allegations raised by both parties about the case may have wider implications for similar cases in the territory.
He said the territory government wanted to ensure criminal matters were prosecuted in a way that was robust, fair and respected the rights of those involved.
The government also wanted to ensure criminal justice entities in the ACT worked together effectively.
But Mr Rattenbury emphasised the inquiry was not about reviewing the trial, evidence presented or outcomes.
“This trial has been very stressful for all involved,” he said.
“While it’s important that we do explore the allegations that have arisen in recent weeks … at the end of the day all the parties involved are human and they do deserve to be treated with a degree of care and respect.”
ACT Chief Minister Andrew Barr said an inquiry would investigate whether the functions of the territory’s criminal justice system were “discharged with the appropriate rigour, impartiality and independence”.
A board of inquiry will examine interactions between prosecutors and ACT Police regarding the charges against Mr Lehrmann as well as the decisions to go ahead with a first trial and then not proceed with a retrial.
It will examine how the Victims of Crime Commissioner responded to the allegations and supported Ms Higgins.
Laws in the ACT related to juror misconduct are also expected to be examined.
All parties have indicated they will cooperate with the inquiry.
The government will announce a legal expert to oversee the matter, as well as the full scope of the investigation next year.
It is expected the inquiry will hold public and private hearings.
A spokesperson said ACT Policing looked forward to engaging with the inquiry in coming months.
Mr Rattenbury said the prosecutor’s office and the police force had a long, ongoing relationship and the allegations from both sides were serious.
“I hope that this matter does not affect that broader relationship but that is part of the reason we are establishing this inquiry,” he said.
“To ensure that where those allegations and those fracture points have been aired, there is an independent forum to investigate them.”
It is expected a report will be provided to the chief minister by the end of June 2023.
– AAP