In an extraordinary letter released in full today, the prosecutor who charged Bruce Lehrmann over the alleged rape of Brittany Higgins has accused the Australian Federal Police of running an 18-month campaign of “consistent and inappropriate interference” on behalf of Lehrmann’s defence team.
Lehrmann pleaded not guilty to one count of sexual intercourse without consent, consistently maintained his innocence and denied any sexual activity took place, before the trial was abandoned because of misconduct by a juror.
Following ACT director of public prosecutions (DPP) Shane Drumgold’s decision not to proceed with a planned retrial because it would pose an “unacceptable risk” to Higgins’ mental health, a letter he sent to Australian Federal Police chief Neil Gaughan was released to the public.
Crikey readers can read the letter in full below.
The letter was requested by Guardian Australia under the Freedom of Information Act, which allows the public to access government documents in certain circumstances.
An update to the DPP’s online disclosure log on Monday morning revealed Guardian Australia lodged a request on December 5 asking for “any documented complaint made by the DPP about conduct of the police during the matter of R v Lehrmann which was sent to ACT Policing in the months of October or November 2022”.
In the letter, dated November 1 and prior to the decision to abandon the retrial, Drumgold said he felt it was necessary to address “some quite clear investigator interference in the criminal justice process” to “protect the integrity of the pending trial”.
Drumgold went on to outline several examples of what he interpreted as the police trying to pressure him into not charging Lehrmann while the investigation was still ongoing in 2021.
The letter describes Drumgold’s concerns about police conduct during the trial, where he says he observed investigators “regularly conferencing with the defence team during the breaks”.
“From first engagement it has been clear that from [redacted] down, key AFP members have had a strong desire for this matter not to proceed to charge,” Drumgold wrote.
“Then when charges resulted, the investigator’s interests have clearly aligned with the successful defence of this matter rather than its prosecution, the motive for both of which remains concerning.”
Drumgold went on to call for a public inquiry into “both political and police conduct in this matter”.
Last week a spokesperson for the AFP union told Crikey he agreed there should be an inquiry.
“People are accusing the AFP of being Liberal lapdogs,” Australian Federal Police Association media and government relations manager Troy Roberts said last Friday.
Lehrmann’s legal team was contacted for comment.
ACT Policing said in a comment last week: “The AFP is aware that the office of DPP under FOI has released the letter in full to The Guardian“.
“The ACT DPP has requested a public inquiry in relation to this matter. As such it would be inappropriate to provide any further comment in relation to any aspects surrounding this matter including commentary about the letter from the ACT DPP.
“ACT Policing will continue to work cooperatively with the Office of DPP to ensure the safety and security of the Canberra community.”
