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The Canberra Times
The Canberra Times
National
Blake Foden

'Disturbing': Top prosecutor slams senator's conduct during rape trial

Senator Linda Reynolds gives evidence at the Brittany Higgins/Bruce Lehrmann trial

The ACT Director of Public Prosecutions slammed the conduct of a former federal cabinet minister in his explosive letter to the territory's top cop, accusing her of involvement in "a number of disturbing events".

Former defence minister Linda Reynolds was at the centre of controversy when she gave evidence in October during the trial of Bruce Lehrmann, who denies raping Brittany Higgins at Parliament House.

Senator Reynolds employed the pair when the sexual assault was alleged to have occurred in March 2019, while serving in the Morrison government.

On one of the most dramatic days of Mr Lehrmann's trial, which was ultimately aborted because of juror misconduct, Director of Public Prosecutions Shane Drumgold SC gave Senator Reynolds a grilling.

Linda Reynolds leaves court during the trial of Bruce Lehrmann, bottom left, who denies raping Brittany Higgins, top left. Pictures by Sitthixay Ditthavong, Karleen Minney

He accused her of trying to "coach" defence barrister Steven Whybrow SC's cross-examination of Ms Higgins by pointing him towards "revealing" texts between the alleged victim and another former staffer.

Mr Drumgold also revealed Senator Reynolds had texted Mr Whybrow to ask for transcripts of the trial before giving her own evidence, while her partner had "found himself in the back of the court".

While on the witness stand in the ACT Supreme Court, Senator Reynolds rejected the suggestion she had been trying to assist Mr Whybrow.

She also denied her partner had been regularly updating her on proceedings, and insisted she had not known it was inappropriate to seek transcripts prior to taking the stand herself.

Chief police officer Neil Gaughan and Director of Public Prosecutions Shane Drumgold SC. Picutres by Karleen Minney

Notwithstanding her denials, Mr Drumgold labelled her actions "disturbing" in a letter he sent chief police officer Neil Gaughan days after Mr Lehrmann's trial collapsed.

He described Senator Reynolds as "giving evidence directly contradictory to her chief of staff, then directly soliciting transcripts of other evidence to tailor her evidence direct from the defence barrister".

The trial heard Mr Whybrow had not given Senator Reynolds the transcripts she had requested, and had informed her it would be inappropriate for him to do so.

Mr Drumgold did not stop there, telling Deputy Commissioner Gaughan the Liberal senator had "further engaged in direct coaching of the defence cross-examination of the complainant by directing them to evidence she should not have access to".

Bruce Lehrmann, left, denies raping Brittany Higgins, right. Pictures by Karleen Minney, Getty Images

"[She] further organised for her partner to attend the court for the entire trial, with him regularly seen conferencing with the defence team during the course of the entire trial," he wrote.

As reported last week, Mr Drumgold's principal complaints in the November 1 letter revolved around his assertion police had inappropriately interfered in the case and aligned themselves with Mr Lehrmann.

The prosecutor alleged investigators had pressured him not to prosecute Mr Lehrmann and left Ms Higgins with the impression she was being "bullied" into withdrawing her sexual assault complaint.

Mr Drumgold ultimately dropped the case on December 2, having received what he described as "compelling" expert evidence about the impact a retrial would have on Ms Higgins' mental health.

In the letter to Deputy Commissioner Gaughan, Mr Drumgold outlined his view that there should be "a public inquiry into both political and police conduct in this matter".

Deputy Commissioner Gaughan has not publicly commented on the letter, which has resulted in the police handling of the matter being referred to the Australian Commission for Law Enforcement Integrity.

However, he has emailed his staff to say he would welcome a public inquiry into "all aspects of the matter", stressing that Mr Drumgold's claims about individual police members remain "untested".

Australian Federal Police Association president Alex Caruana and ACT Opposition Leader Elizabeth Lee have also spoken in support of an inquiry into the case, with the latter saying unanswered questions could result in "a devastating and irreversible erosion of public confidence" in the legal system.

ACT Attorney-General Shane Rattenbury has said the territory government is "taking advice" on what steps it should take in response to the matters that have been raised in recent days.

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