Bruce Lehrmann inquiry: Prosecutor feared ‘crushing’ blow to Brittany Higgins

Director of Public Prosecutions Shane Drumgold SC is the first witness to appear before an inquiry into how criminal justice agencies handled the Bruce Lehrmann case.

Mr Lehrmann pleaded not guilty to one charge of sexually assaulting his former colleague Ms Higgins before the trial was aborted due to jury misconduct.

Mr Lehrmann has continually denied the allegation and the DPP declined to pursue a second trial due to concerns over Ms Higgins’ mental health and dropped the charges.

Mr Drumgold was on Tuesday questioned by counsel assisting the inquiry, Erin Longbottom KC, why he made a submission that an investigative review document fell under legal professional privilege and should not be provided to the defence.

“Clearly error, clearly error,” Mr Drumgold said, saying he mistakenly believed it was contained within the brief of evidence.

The investigative review documents contained criticism of Ms Higgins by police, the inquiry was told.

Mr Drumgold was asked by Ms Longbottom whether he felt “frustration” that the documents had been produced in response to a subpoena.

“I don’t recall feeling frustration at it,” Mr Drumgold said.

“It’s clear that the document showed a strong bias as a discrete document.”

When pressed on whether he was concerned about it being given to the defence, Mr Drumgold said he was concerned it could be harmful to Ms Higgins.

“Well, I didn’t think it should fall into (the defence’s) hands because essentially it says a senior police officer through a stereotype, bias analysis has drawn particular conclusions about a complainant,” Mr Drumgold said.

“I mean it’s potentially terribly harmful to a complainant if that document finds its way into a court.”

Mr Drumgold said he was concerned it could be “crushing” to Ms Higgins.

“Well, I had some concerns this would be crushing to the complainant,” Mr Drumgold told the inquiry.

When asked if his opinion about the “crushing” nature of the documents formed part of his opposition to its disclosure, he said: “I don’t think so. I mean it features nowhere in my submissions, my thought processes were in my submissions.”

The inquiry is set to hear from central figures involved in the trial, including defence counsel Steven Whybrow SC.

Mr Lehrmann, who is not expected to provide evidence to the inquiry, has sat in the back of the public gallery.

Retired judge Walter Sofronoff KC is presiding over the matter and is due to report back to the ACT government by July 31.

Originally published as Top prosecutor feared ‘crushing’ blow to Brittany Higgins over key document