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Case that won’t go away: ACT launches probe into handling of Higgins rape claims

The ACT government will launch an independent inquiry into how the prosecution of the man accused of raping ex-Liberal party staffer Brittany Higgins was handled.

Dec 21, 2022, updated Dec 21, 2022
Former Liberal Party staffer Bruce Lehrmann, accused of raping colleague Brittany Higgins at Parliament House in 2019, is suing media outlets for defamation (AAP Image/Mick Tsikas)

Former Liberal Party staffer Bruce Lehrmann, accused of raping colleague Brittany Higgins at Parliament House in 2019, is suing media outlets for defamation (AAP Image/Mick Tsikas)

Bruce Lehrmann faced a trial in the ACT Supreme Court in October which was derailed due to juror misconduct in October.

The charges against him were later dropped due to concerns about the impact a second trial would have on Higgins’ mental health.

Lehrmann has denied raping Higgins in Parliament House in 2019.

ACT Chief Minister Andrew Barr said an inquiry would investigate whether the functions of the territory’s criminal justice system were “discharged with the appropriate rigour, impartiality and independence”.

A board of inquiry will examine interactions between prosecutors and ACT Police regarding the charges as well as the decisions to go ahead with a first trial and then not proceed with a retrial.

It will also examine police investigators, the Victims of Crime Commissioner and laws in the ACT related to juror misconduct.

All parties have indicated they will cooperate with the inquiry and the government will announce a legal expert to oversee the matter next year.

ACT Director of Public Prosecutions Shane Drumgold has previously raised concerns about “political and police conduct” in the case.

He also wrote to the territory’s police chief accusing his members of pressuring him not to prosecute Lehrmann.

But the police union hit back at Drumgold and said it “firmly believes” the office of the ACT DPP compromised Lehrmann’s trial.

ACT Attorney-General Shane Rattenbury said he was “deeply concerned” about the allegations made by the chief prosecutor and police.

“The ACT government is concerned to ensure the framework for progressing criminal investigations and prosecutions is robust, fair and respects the rights of those involved,” he told reporters in Canberra.

“It is also concerned to ensure the ACT’s criminal justice entities work together effectively.”

He stressed the inquiry was not about reviewing the trial, evidence presented or outcomes.

“This trial has been very stressful for all involved,” he said.

“While it’s important that we do explore the allegations that have arisen in recent weeks … at the end of the day all the parties involved are human, and they do deserve to be treated with a degree of care and respect.”

Rattenbury said the prosecutor’s office and the police forces had a long, ongoing relationship and the allegations from both sides raised the need for the inquiry.

“I hope that this matter does not affect that broader relationship but that is part of the reason we are establishing this inquiry,” he said.

“To ensure that where those allegations and those fracture points have been aired, there is an independent forum to investigate them.”

The federal law enforcement integrity agency is conducting a separate inquiry into how police investigators handled the rape allegation.

The inquiry will be able to hold both public and private hearings and compel witnesses to attend.

It is expected a report will be provided to the chief minister by the end of June 2023.

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