Prosecutor alleges police ‘aligned with defence’ in Bruce Lehrmann case and claims ‘inappropriate interference’

"Letter from Shane Drumgold to ACT police chief, obtained under FOI, calls for inquiry into ‘political and police conduct’ during investigation of Brittany Higgins claims...

The chief prosecutor in the trial of Bruce Lehrmann complained that police officers engaged in “a very clear campaign to pressure” him not to prosecute the alleged rape of Brittany Higgins, saying there was “inappropriate interference” and he felt investigators “clearly aligned with the successful defence of this matter” during the trial.

In a letter sent to the Australian Capital Territory’s police chief in early November, the director of public prosecutions, Shane Drumgold SC, makes a series of extraordinary allegations about police conduct during the politically charged, high-profile case, which suggest a toxic relationship between elements of the two agencies during the investigation and trial.

Drumgold’s letter, obtained by the Guardian through freedom of information laws, alleges Higgins herself felt bullied by investigators. The letter calls for a public inquiry to examine “both political and police conduct” in the case.

Lehrmann pleaded not guilty to one count of sexual intercourse without consent at a trial that collapsed in October due to juror misconduct. He has consistently maintained his innocence and denies any sexual activity took place between himself and Higgins.

Drumgold sent the letter on 1 November, just after the collapse of the trial, telling the territory’s chief police officer, Neil Gaughan, that he held “serious concerns” over “what I perceive as some quite clear investigator interference in the criminal justice process”.

He alleged that “key AFP members have had a strong desire for this matter not to proceed to charge”.

“Then when charges resulted, the [investigators’] interests have clearly aligned with the successful defence of this matter rather than its prosecution,” he wrote to Gaughan.

“As a corollary however, there has now been over one-and-a-half years of consistent and inappropriate interference by investigators, firstly directed towards my independence with a very clear campaign to pressure me to agree with the investigators’ desire not to charge, then during the conduct of this trial itself, and finally attempting to influence any decision on a retrial.”

Drumgold wrote that he was raising the issue now “to protect the integrity of the pending trial”.

Asked about the letter, a spokesperson for ACT Policing confirmed on Thursday that an “inquiry was underway in relation to this matter”.

“As such it would be inappropriate to provide any further comment in relation to any aspects surrounding this matter including commentary about the letter from the ACT DPP,” the spokesperson said.

Among other things, Drumgold told Gaughan he wanted a public inquiry into the police handling of the case, accused investigators of bullying Higgins, and of direct contact with Lehrmann’s defence team during the trial.

He alleged that, during his first meeting with police about the case in March 2021, investigators had used selective evidence and “loaded characterisations” in an attempt to persuade him to agree with their position, which was that charges should not be laid.

In subsequent meetings in April and June last year, Drumgold alleged that investigators continued to use mischaracterisations, cherrypicked evidence, and inaccurate select summaries of evidence to suggest weaknesses in the case and convince him to support their view that it should not proceed.

During their final meeting in June, police presented him with a brief of evidence and a letter that purported to be a request for his advice on the case. Drumgold said the letter contained “further mischaracterisations and other inaccurate select summaries of evidence” and was used to advance a list of reasons why he should agree with the police position.

“This document contained blatant misrepresentations of evidence such as suggestions that key evidence was deliberately deleted by the complainant, a proposition not supported by the tested evidence at trial, as well as a list of evidence that is clearly inadmissible in trial,” he alleged. “The letter concludes with a further overt attempt to apply pressure to the conclusion of my resulting advice.”

Drumgold disagreed with their position. Police then directed that charges be laid.

Drumgold told the police chief he wanted a public inquiry into the matter. He said such an inquiry should examine “both political and police conduct”.

“I am of the view that at the conclusion of the trial, there should be a public enquiry into both political and police conduct in this matter,” he said.

Drumgold also requested that police cease any involvement in the then-looming retrial, save for their roles as witnesses."