New report into Lehrmann prosecution mires case in yet more controversy
Retrieved on:
Monday, August 7, 2023
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The ACT government on Monday officially released the report from the inquiry into the prosecution of former Liberal staffer Bruce Lehrmann over the alleged rape of Brittany Higgins in Parliament House in 2019.
Key Points:
- The ACT government on Monday officially released the report from the inquiry into the prosecution of former Liberal staffer Bruce Lehrmann over the alleged rape of Brittany Higgins in Parliament House in 2019.
- The ACT government said it’s considering charging Sofonoff in relation to releasing the report to journalists ahead of the embargo.
What did the report find?
- The report makes “several serious findings of misconduct” against former Director of Public Prosecutions Shane Drumgold.
- Despite this, the report found the prosecution was properly brought – in other words, that the decision to prosecute was appropriate.
- However, Sofronoff does state:
although I think that police investigators accomplished a thorough investigation, I have found that they made some mistakes. - None of these mistakes actually affected the substance of the investigation and none of them prejudiced the case.
- Likewise, the report finds the victims of crime commissioner acted appropriately, and her support of Higgins didn’t undermine Lehrmann’s presumption of innocence.
Why was the inquiry established?
- The inquiry was established last year after a public airing of conflict between ACT police and Director of Public Prosecutions Shane Drumgold regarding the Lehrmann case.
- Lehrmann was tried on one count of sexual intercourse without consent in the ACT Supreme Court in October 2022.
- Read more:
Lehrmann inquiry: what's a director of public prosecutions or DPP?
Rape myths and the criminal justice system
- For example, there has been a steady leak of Higgins’ private communications, which weren’t part of the public trial process.
- This is despite the likelihood that such leaks would undermine confidence in the criminal justice system and are deeply distressing to Higgins.
- Read more:
Lehrmann retrial abandoned because of 'a significant and unacceptable risk' to Brittany Higgins' life
Public confidence in the criminal justice system
- In setting up the inquiry, the ACT government acknowledged “the need for public confidence in the criminal justice system”.
- Indeed the report, and particularly the early publication of its findings in the media, have wrought further damage to the criminal justice system, brought more harm to those involved, and will most likely undermine confidence in the system.