A senator has accused the ACT's top prosecutor of breaching her human rights by unlawfully attacking her reputation in a letter he sent after the collapse of Bruce Lehrmann's trial.
Subscribe now for unlimited access.
or signup to continue reading
Senator Linda Reynolds takes aim at Director of Public Prosecutions Shane Drumgold SC in her statement to an independent inquiry into the case, claiming he has caused her "distress and harm".
The Liberal politician was the defence industry minister in March 2019, when two of her staff accessed her ministerial suite at Parliament House in the early hours of the morning after a drunken night out.
One of them, Brittany Higgins, later accused the other, Mr Lehrmann, of raping her in the senator's office.
Senator Reynolds gave evidence last year when Mr Lehrmann faced an ACT Supreme Court trial, which was ultimately aborted with no findings made against the accused man.
During her evidence, Mr Drumgold accused Senator Reynolds of attempting to "coach" Mr Lehrmann's barrister and of inappropriately seeking information she should not have had before giving evidence.
At the time, Senator Reynolds vehemently denied any wrongdoing.
In her statement to the inquiry, which is scrutinising the actions of Mr Drumgold and other authorities, Senator Reynolds said there had been no avenue to respond other than to reject the allegations at trial.
She claimed that, as a result, she had been "subject to significant and sustained provocation and unjustifiable criticism by the media, commentators and other politicians".
Asked whether she believed Mr Drumgold had breached any legislation or duties in relation to Mr Lehrmann's case, Senator Reynolds outlined what she believed were five possible contraventions.
These included an alleged breach of the Humans Rights Act, which states that everyone in the ACT has the right not to have their reputation "unlawfully attacked".
Senator Reynolds claimed Mr Drumgold did this to her, especially when he accused her of involvement in "a number of disturbing events" in a letter wrote to the ACT's chief police officer about the case.
She said Mr Drumgold had presented the allegations about her as "uncontested statements of fact", then released his letter under freedom of information laws without consulting her first.
The senator's statement said this might constitute a breach of the ACT's Freedom of Information Act.
In his statement, Mr Drumgold has admitted the letter was disclosed without the necessary consultation after he sent his information officer an email that risked being misinterpreted.
Senator Reynolds also accuses Mr Drumgold of potential breaches of the Legal Profession Act, The Prosecution Policy of the Australian Capital Territory, and the Legal Profession (Barristers) Rules
In relation to the latter, she claims, among other things, that Mr Drumgold made allegations and suggestions "principally in order to discredit and embarrass" her at Mr Lehrmann's trial.
READ MORE:
These included that she was "politically invested" in the outcome of the trial and that her conduct had been informed by "political forces".
Mr Drumgold has previously told the inquiry the "enthusiastic engagement" of a senator in the matter was one of the reasons he had suspected police and politicians were conspiring to kibosh the case.
However, the top prosecutor has since accepted his fears of a political conspiracy were misconceived.
Mr Drumgold is currently on leave from his post but is due to return to his job next week.
The inquiry, which has likely finished taking oral evidence, has been adjourned to a date yet to be fixed.
