Higgins welcomes inquiry into rape trial

Maeve Bannister | December 21, 2022

Police, prosecutors and the victim’s support service who handled rape allegations made by Brittany Higgins will be investigated by an independent inquiry. 

The inquiry will investigate extraordinary claims by the territory’s top prosecutor and ACT police about each other’s conduct. 

Ms Higgins’ former colleague Bruce Lehrmann was tried in the ACT Supreme Court in October before it was derailed due to juror misconduct.

The charges against him were later dropped because of concerns about the impact a second trial would have on Ms Higgins’ mental health.

Mr Lehrmann denied the allegation he raped Ms Higgins in Parliament House in 2019.

After the charges were dropped, it emerged ACT Director of Public Prosecutions Shane Drumgold raised concerns about “political and police conduct”.

He also wrote to the 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 Chief Minister Andrew Barr and Attorney-General Shane Rattenbury announced an independent inquiry would be established to investigate the matters.

Mr Rattenbury told reporters he was concerned about the allegations raised by police and prosecutors and wanted to ensure criminal matters were handled in a way that was robust, fair and respected the rights of those involved.

The government also wanted to make sure criminal justice entities in the ACT worked together effectively.

But the attorney-general emphasised the inquiry was not about reviewing the trial, evidence presented or its 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.”

The inquiry will examine interactions between prosecutors and ACT Policing 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 also look at how the ACT victims of crime commissioner, a support service for people who have experienced crime in the territory, assisted Ms Higgins. 

Laws in the ACT related to juror misconduct are also expected to be examined as part of the inquiry.

The inquiry’s full scope, as well as the appointment of a legal expert to oversee the matter, will be announced next year. 

In a statement, defence lawyer Steven Whybrow said he welcomed the inquiry and hoped it would examine all aspects of the matter and extend to the efforts taken by the DPP to ensure a fair trial. 

A spokesperson for ACT Policing said it looked forward to engaging with the inquiry in coming months. 

Ms Higgins welcomed the review with the words “sunlight is the best disinfectant” and called for the inquiry to examine potential political interference in the trial.

Mr 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”. 

The inquiry is expected to hold public and private hearings.

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.”

A report will be provided to the chief minister by the end of June.