The barrister investigating the conduct of authorities during the prosecution of Bruce Lehrmann has expressed frustration about the difficulty his inquiry has faced obtaining important police documents.
"I have to finish this inquiry by the 30th of June, and I can't do it if I don't know when crucial documents are coming," board of inquiry chairman Walter Sofronoff KC said at a preliminary hearing on Thursday.
Mr Sofronoff is conducting an independent inquiry into the aborted criminal trial of Mr Lehrmann, who denies raping fellow former Liberal Party staffer Brittany Higgins at Parliament House in March 2019.
The ACT government has set terms of reference that include requirements for Mr Sofronoff to investigate whether police and prosecutors breached, or failed to act in accordance with, their duties.
If he finds they did, the former Queensland Court of Appeal president will examine "the reasons and motives for their actions".
On Thursday, Mr Sofronoff said the Australian Federal Police, which provides the ACT's policing service, had decided it was not bound by the inquiry's subpoenas because it was a Commonwealth entity.
He indicated this had created difficulty obtaining material, including a possible recording of a phone call between Detective Superintendent Scott Moller and Mr Lehrmann's barrister, Steven Whybrow SC.
Another item subpoenaed by the inquiry was the full brief of evidence compiled by police and given to the ACT Director of Public Prosecutions, Shane Drumgold SC, before Mr Lehrmann was charged.
"I have to have what Mr Drumgold had and I have to have what police had if I'm to address [two of the] terms of reference," Mr Sofronoff said.
While Australian Federal Police barrister Katherine Richardson SC said her client would voluntarily co-operate with requests for documents, the inquiry heard the force had on Monday indicated it was "closely considering" whether it was legally prohibited from disclosing parts of the brief to Mr Sofronoff.
Counsel assisting the inquiry, Erin Longbottom KC, told Mr Sofronoff there remained "an overarching lack of specificity" about which laws police were "grappling with".
Ms Longbottom said she wanted some certainty about which documents would be produced voluntarily and when they would be handed over, describing the timely production of relevant material as "critical".
Mr Sofronoff agreed, referring to the requirement he report to the ACT government by June 30.
Ms Richardson subsequently said there had already been "a large amount of progress made" in terms of the production of requested documents, with more to be provided in the next little while.
She provided a schedule outlining a timetable, and undertook to identify any laws preventing disclosure of documents if police ultimately felt there was some material they could not hand over.
Ms Richardson also indicated the brief of evidence contained an "absolutely overwhelming" amount of CCTV footage from Parliament House, which would "swamp the inquiry" if provided in its entirety.
Mr Sofronoff ultimately directed lawyers for the police force and Mr Drumgold to identify any material they felt they could not legally provide the inquiry, and the reasons why, by April 11.
Another preliminary hearing is scheduled for April 17.
Public hearings are otherwise slated to start on April 27, with Mr Sofronoff also set to examine the circumstances surrounding the release of a letter under freedom of information laws last December.
The letter, from Mr Drumgold to ACT chief police officer Neil Gaughan, contained explosive allegations that included the claim detectives were "aligned" with Mr Lehrmann's defence rather than prosecutors.
Mr Sofronoff will also scrutinise the conduct of ACT Victims of Crime Commissioner Heidi Yates in order to determine whether the support she provided Ms Higgins during Mr Lehrmann's trial was appropriate.
