Bruce Lehrmann trial inquiry: What we know about the leaked documents

The ACT justice system has been examined by an independent inquiry, and earlier this week its findings were leaked to media.

Composite image of two men in suits

A report into police conduct during the prosecution of Bruce Lehrmann (left) has reportedly found damning findings against ACT chief prosecutor Shane Drumgold (right). Source: AAP / Mick Tsikas, Lukas Coch

Key Points
  • An independent inquiry has examined how the ACT justice system handled the high-profile Bruce Lehrmann case.
  • The report was delivered to the ACT government on 31 July and leaked to media this week.
  • It reportedly included negative findings against ACT Director of Public Prosecutions Shane Drumgold.
This article contains references to allegations of rape and sexual assault.

The ACT government and police chief have expressed disappointment and shock after an independent inquiry report was leaked earlier this week.

The Australian published leaked details of an independent inquiry into how the ACT justice system handled the prosecution of Bruce Lehrmann, who was accused of raping his .

According to the leaked documents, the report included damning findings against ACT director of public prosecutions Shane Drumgold, who was a key figure in the case.

This is what we know about the inquiry, the leaked findings, and what happens next.

What is the Bruce Lehrmann trial inquiry about?

Lehrmann, a former Liberal staffer, was charged with raping Higgins at Parliament House after a night out in 2019 but has always denied the allegations.

His trial was and prosecutors later dropped the charge over fears about on Higgins' mental health.
Former Queensland Supreme Court judge Walter Sofronoff has headed the independent inquiry, which is examining the conduct of police and prosecutors.

The inquiry was announced in December after ACT Director of Public Prosecutions (DPP) Shane Drumgold raised concerns about "political and police conduct" in the case.

What do we know about leaked documents?

The report was delivered to the ACT government on 31 July and leaked to The Australian, which published the findings earlier this week.

The Australian reported that there were negative findings against Drumgold, who oversaw the court case against Lehrmann.
Drumgold told the inquiry he believed police had a "passion" for the prosecution to fail based on a series of "strange events" during the investigation and trial.

He later conceded his original belief might actually have been due to a "skills deficit" on the part of the police.

The inquiry also revealed confusion within the police force about when to charge a suspect.
The head of the Australian Federal Police Association said that reporting had vindicated his officers over their roles in the rape investigation.

"While we welcomed the inquiry, we knew it would be the only way to reveal the truth," Alex Caruana said.

"We were always confident that the investigating officers had conducted a thorough and professional investigation from day one."

On Thursday, ACT Chief of Police Neil Gaughan issued a memo to colleagues saying he was "shocked and distressed" by the leak, according to the Sydney Morning Herald.

He said he had not yet seen the final report.

The government said the action had "affected the inquiry process and harmed people involved".

What happens next?

The ACT government has not yet released Sofronoff's final report.

A spokeswoman said the government was "disappointed" the board of inquiry report had been released to select media outlets under embargo, a decision that was not authorised by the territory administration.

After the Australian published the findings of the independent inquiry, the opposition and police union put pressure on the government to release the report.

Opposition Leader Elizabeth Lee said there was a legal obligation for people with adverse findings made against them in a report to have been notified.
Ms Lee said the government should immediately release the report.

"If there is going to be some adverse findings in this report the people who are affected should have already been notified," she told ABC radio on Friday.

The findings and an interim response are set to be published next week, and the government will continue its cabinet process to consider the report's recommendations.

Drumgold has taken leave until the end of the month while the government considers the findings.

Lehrmann has announced he intends to sue the ACT over its handling of the case.

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.

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4 min read
Published 4 August 2023 6:39pm
Updated 4 August 2023 6:45pm
Source: SBS, AAP


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