Tension, distrust between ACT police and prosecution in Lehrmann trial

Longbottom stressed it was “important to emphasise that this is not an inquiry into the allegations made by Ms Higgins against Mr Lehrmann”.

“It is only concerned with the way in which each of the criminal justice agencies involved fulfilled their duties in the investigation and prosecution of those allegations, as well as in the course of providing support to Ms Higgins in that proceeding,” she said.

Lehrmann was charged with sexually assaulting Higgins in the office of their then-boss, former Coalition minister Linda Reynolds, after a night of drinking with friends in March 2019.

Lehrmann, who pleaded not guilty to the charge, has always maintained his innocence and there have been no findings against him. The ACT Supreme Court trial was aborted late last year due to juror misconduct and a retrial was abandoned due to concerns over Higgins’ fragile mental health.

Drumgold’s conduct is also under the spotlight, with the inquiry to determine whether he adhered to his duties in starting and then discontinuing criminal proceedings against Lehrmann.

“Information and statements from witnesses have also raised issues about the DPP’s conduct of the case, both before as well as during the trial,” Longbottom said.

“Those issues include the steps taken by Mr Drumgold in response to the inclusion of the counselling notes in the defence brief and the decision made by the DPP not to disclose information provided by Ms Fiona Brown, the former chief of staff at Senator Reynolds office, after she had given evidence.”

Also to be probed is the public release of a letter, via freedom of information applications, written by Drumgold to ACT Chief of Police Neil Gaughan after the abandonment of the trial due to juror misconduct in November 2022, complaining of a campaign to pressure him against prosecuting Lehrmann.

The inquiry, which was established by the ACT government and is expected to report its finding in June, will also examine the role of Victims of Crime Commissioner Heidi Yates, who accompanied Higgins to the trial.

The hearings are set to run parallel with Lehrmann’s defamation actions.

Federal Court Justice Michael Lee will deliver a decision on April 28 on whether he will extend a one-year limitation period to allow Lehrmann to sue Ten and News Corp over a broadcast and articles that are now more than two years old. In a separate defamation suit, Lehrmann is suing the ABC over the broadcast of a National Press Club address last year by Higgins and Grace Tame.

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