The ACT's former top prosecutor has been cleared of 10 allegations of professional misconduct or unsatisfactory professional conduct in relation to the criminal trial of Bruce Lehrmann.
Last week, the ACT Bar Association dismissed 10 allegations, and withdrew another, against former director of public prosecutions Shane Drumgold SC after an investigation found it was "not satisfied that there is a reasonable likelihood" he would be found guilty.
The accusations included that Mr Drumgold had knowingly made misleading statements to the court during the since-discontinued trial, procured a false or misleading affidavit from a junior member of staff, and alerted a journalist to a letter from him to the Chief Police Officer before personally releasing the document in response to a freedom of information request.
Mr Drumgold was also accused of putting improper questions to Senator Linda Reynolds during the Lehrmann criminal trial.
The questions were found to be based on "inferences that were available to be drawn", despite the ACT government previously apologising and paying $90,000 in damages to Senator Reynolds
While the Bar Association dismissed the allegations, it found Mr Drumgold had shown "a lapse in judgement, or a lack of care, ... in situations of high professional and/or personal stress".
In a statement, Mr Drumgold said he has "always maintained that my conduct has been proper and appropriate".
Lehrmann has been found, to a civil standard, to have raped fellow former Liberal staffer Brittany Higgins at Parliament House in 2019. He is now appealing this decision.
The Bar Association launched the investigation into Mr Drumgold's conduct in October 2023, after a report, written by chairman Walter Sofronoff KC, made damning findings against him.
In March, the ACT Supreme Court ruled Mr Sofronoff's relationship with Janet Albrechtsen from The Australian gave rise to an apprehended bias against Mr Drumgold.
In reasons published last week, the legal regulatory body was satisfied Mr Drumgold had made misleading statements to the court. But it was not satisfied "he had an intention to mislead" or "knowingly misled" Chief Justice Lucy McCallum.
The investigation found that the affidavit was not intended to be false or misleading, and statements within the document were consistent with Mr Drumgold's "mistaken" understanding.
It also stated that an explosive letter was not released by Mr Drumgold because it may be in his interest for it to be in the public domain, but rather his "conduct is equally consistent with him acting without proper thought and carelessly".
"At its highest the evidence only permits a conclusion that Drumgold responded ill advisedly, and possibly without thinking through the consequences," the reasons state.
The investigation dismissed the allegations of misconduct or unsatisfactory conduct, but found each of the grounds "reveals a lapse in judgement, or a lack of care, from Drumgold in situations of high professional and/or personal stress".
"Although members of the public would appreciate that moments of professional and personal stress may affect a legal practitioner's actions and professional judgement, for Drumgold, in the position he held, Bar Council is of the view that it was of particular importance he avoid situations, where personal or professional stressors could result in conduct that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner."
The ACT Bar Association was contacted, but declined to comment.
