Key Points
- An inquiry has found it was appropriate to proceed with the prosecution of former Liberal staffer Bruce Lehrmann.
- The report - which made "serious findings of misconduct" against former DPP Shane Drumgold - was released on Monday.
- The ACT government is investigating if the early release of the report to select media constitutes a legal breach.
This article contains references to allegations of rape and sexual assault.
The ACT's top prosecutor was right to proceed with the prosecution of former Liberal staffer Bruce Lehrmann based on the information available to police and his office, an inquiry into the handling of the case has found.
But the ACT government is investigating whether the early release of the report constitutes a legal breach and if further action is required.
A board of inquiry - chaired by former Queensland judge Walter Sofronoff - was set up to examine accusations from police and prosecutors about each other's conduct during Lehrmann's high-profile rape trial.
Brittany Higgins accused Lehrmann, her former colleague, of raping her inside a ministerial office at Parliament House after a night out in 2019.
Lehrmann has always denied the allegation.
The ACT government released the 839-page report in full on Monday afternoon along with its response.
Sofronoff report found it was 'appropriate to prosecute'
A key finding was that it was appropriate to prosecute the matter on the information available to ACT Policing and the director of public prosecutions.
Several recommendations related to improving police policies, including defining the threshold required to charge a suspect, updates to how police store victim counselling notes and training on compiling briefs of evidence.
The government has agreed to implement eight of the 10 recommendations.
These recommendations to be acted on include:
- Training of police officers on the handling of counselling notes, the threshold to charge someone over sexual offences and the adjudication process.
- Law change to ban the disclosure of protected confidences at the investigation stage of the criminal process.
- Updating the ACT's prosecutions policy to provide a process for recording retrial decisions.
- Set up a new complaints mechanism involving the DPP and ACT Policing.
- Police are to inform a complainant once a decision to charge has been reached, unless it would prejudice an investigation or a matter more generally.
The government agreed in principle to the final two, subject to further consultation with the Office of the Director of Public Prosecutions, ACT Policing, victims of crime commissioner and legal stakeholders.
Leaked documents on Bruce Lehrmann case
In its response, the government reiterated it was "extremely disappointed" the report was released prematurely.
Sofronoff provided a copy to select media outlets last week, without the knowledge or permission of the territory government, which resulted in widespread reporting of the negative findings against Director of Public Prosecutions Shane Drumgold.
The report was also provided to a media organisation before Chief Minister Andrew Barr received it and briefings were given to some reporters while the inquiry was underway.
"The government is currently seeking advice as to whether the premature release may have constituted a breach of the Inquiries Act 1991 and if any further action is required," the response said.
"Nonetheless, the government maintains confidence in the report recommendations and our focus remains on implementation."
Bruce Lehrmann has always denied the allegation. Source: AAP / AAP
Serious findings of misconduct against Shane Drumgold
Sofronoff made "several serious findings of misconduct" against Drumgold including that it had become clear he had "lost objectivity and did not act with fairness and detachment as was required by his role".
"Drumgold kept the defence in the dark about steps he was taking to deny them ... documents," the report said.
"Criminal litigation is not a poker game in which a prosecutor can hide the cards."
He also found Drumgold "knowingly lied to the (ACT) chief justice" about the nature of a note made about a meeting with broadcaster Lisa Wilkinson about a speech she later made when she won a Logie for her interview with Higgins.
But while Drumgold accepted his conduct was "less than perfect", he rejected many of the adverse findings against him.
"While I acknowledge I made mistakes, I strongly dispute that I engaged in deliberate or underhanded conduct in the trial or that I was dishonest," he said in a statement announcing his resignation on Sunday.
In October 2022, Lehrmann faced a criminal trial in the ACT Supreme Court but and the trial was discontinued.
Drumgold ultimately dropped the prosecution against Lehrmann because of his fears about the impact of a second trial on Higgins' mental health.
Acting DPP Anthony Williamson will continue in the role until someone is permanently appointed.
If this story has raised any issues for you, there is help available at Lifeline on 13 11 14.
If you or someone you know wants to talk about sexual assault or harassment, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit . In an emergency, call 000.
