An independent inquiry into the now-abandoned prosecution of former Liberal staffer Bruce Lehrmann, over the alleged rape of Brittany Higgins, has called for submissions from journalists, lawyers, police and members of the public, with plans for both public and private hearings.
Key points:
- The board of inquiry — the ACT’s equivalent of a royal commission — will consider whether police and prosecutors failed in any way to act in accordance with their duties
- The inquiry has called for submissions from journalists, lawyers, police and the public
- The independent inquiry will have both public and private hearings
Mr Lehrmann’s trial was ultimately abandoned due to juror misconduct, and plans for a retrial came to nothing, because of concerns for Ms Higgins’s health.
The charge against Mr Lehrmann was dropped and there have been no findings against him.
The inquiry was announced last year, after a letter released under Freedom of Information laws revealed a complaint from the ACT’s Director of Public Prosecutions, Shane Drumgold, to the territory’s top police officer, that he had been pressured by police in the early stages not to pursue the charge.
But the terms of reference for the inquiry will cast a wider net, and will consider the conduct of criminal justice agencies involved in the prosecution and trial.
Specifically, the board of inquiry – the ACT’s equivalent of a royal commission – will consider whether police and Mr Drumgold failed in any way to act in accordance with their duties, and if they did, what reasons or motives were behind their actions.
The inquiry will also look at the circumstances which led to the public release of the letter.
Included in the specific references will be the dealings police had with Mr Drumgold, Ms Higgins, Mr Lehrmann and Mr Lehrmann’s lawyers, as well as the provision of information to any person in relation to the matter.
The ACT’s Victims of Crime Commissioner, Heidi Yates, who accompanied Ms Higgins to court each day will also face scrutiny.
Media reporting to come under the microscope
In an online statement it has emerged the inquiry will look into other matters that have unfolded in the wake of the abandoned trial, including:
“Recent reporting and commentary in relation to the matter of R v Lehrmann raise issues that may have wider implications for the prosecution of criminal matters in the territory.”
The inquiry formally started on February 1.
Former Queensland solicitor-general Walter Sofronoff, who is heading up the inquiry, has already issued two suppression orders on material subpoenaed from police and the Victims of Crime Commissioner.
On its website, the inquiry has invited submissions, with a deadline of April 11.
The site also makes clear there will be both private and public hearings.
The first directions hearing will be held in April, but no specific date has been set.
It is still not known if Ms Higgins or Mr Lehrmann will be called to give evidence.