Union call to widen scope of probe into Lehrmann case

Alex Mitchell | February 1, 2023

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, the Director of Public Prosecutions 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 former work colleague Bruce Lehrmann.

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

The prosecution later dropped the charges against Mr Lehrmann because of concerns about the impact a second trial would have 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 the Director of Public Prosecutions and Mr Lehrmann’s lawyers and how a letter from ACT DPP Shane 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.”