ACT Police chief Neil Gaughan is demanding a public inquiry into the trial of Bruce Lehrmann that extends to the conduct of the prosecutor, the police and “the allegation of contempt” over Brittany Higgins’ speech outside court at the conclusion of the trial.
The AFP Deputy Commissioner has outlined his demands in a leaked internal email that complains the ACT Director of Public Prosecutions Shane Drumgold released private correspondence to a journalist under freedom of information laws without consulting police.
The Australian Commission for Law Enforcement Integrity is already examining the police investigation into Brittany Higgins’ complaint after bombshell claims some police aligned themselves with Bruce Lehrmann’s defence team but the ACT police want a broader inquiry.
At the conclusion of that investigation, the ACT government is understood to be open to holding a judicial inquiry.
“I welcome a public inquiry into all aspects of the matter including, (but not limited) to the actions of police, the prosecution and defence, issues leading to delays in the trial, issues leading to the subsequent mistrial, the decision not to proceed and the associated allegations of contempt of court,’’ ACT police chief Neil Gaughan said in the email.
“Operation Covina has been a challenging case for all involved. I acknowledge the dedication, professionalism and commitment of the officers involved in the investigation.”
Mr Lehrmann, who has always maintained his innocence, pleaded not guilty to a single count of sex without consent.
The DPP dropped the charge last week, citing Ms Higgins mental health and confirmed a second trial will no longer occur.
After the trial, Ms Higgins gave an emotional speech outside court where she said that she herself had felt “on trial” prompting Mr Lehrmann’s defence lawyers to refer the matter to the ACT Supreme Court and the AFP over concerns it may constitute a contempt of court.
Concerns were also raised over Channel 10 host Lisa Wilkinson’s Logies speech, but no further action has been taken in relation to either that speech or Ms Higgins’ remarks.
The ACT police chief makes no specific mention of Ms Wilkinson in the correspondence but is believed to be referring to Ms Higgins speech outside court.
“I am aware the matter has been referred to the Australian Commission for Law Enforcement Integrity,” he said. “As such, it is not appropriate to comment further at this time,’’ ACT Attorney-General Shane Rattenbury said.
But the inquiry that the ACT Police chief is calling for is much broader and would also investigate the conduct of the DPP.
It comes amid revelations the pressure over the case was so extreme that two investigators took stress leave during the investigation as furious cops warn the current furore could put “lives at risk.”
The Australian Federal Police Association is now calling for the ACT Director of Public Prosecutions Shane Drumgold and the ACT Attorney-General Shane Rattenbury to stand aside pending an independent judicial inquiry into Operation Covina – the codename for the investigation.
It follows claims the police didn’t want Bruce Lehrmann charged and that the DPP Shane Drumgold has “smeared” the AFP, by releasing an explosive letter in which Canberra’s top prosecutor accused police of “interference in the criminal justice process” and asked police not to contact Brittany Higgins.
Mr Lehrmann, who has always maintained his innocence, pleaded not guilty to the charge and is now considering civil “legal remedies” including defamation against media outlets.
The police association said police wanted a full judicial inquiry.
“The police officers in this case were hand-picked and very seasoned investigators. It wasn’t their first rodeo,’’ AFPA President Alex Caruana said.
“Calling into question their integrity, and then subsequently releasing that info under freedom of information not only drags their name through the mud … it also puts at risk their personal security and safety. Organised crime gangs in Australia are very sophisticated. We have police officers currently where crooks are turning up at their house. The fact (the DPP) has done that without consulting the chief police officer or the members involved is a rookie error.
“We are not suggesting a crime hasn’t been committed or has been committed. We are saying in this particular investigation, there wasn’t enough evidence to prove one way or the other. They’ve been telling the DPP that for a long time.
In the letter Mr Drumgold wrote to the ACT police chief Neil Gaughan, the DPP outlines a number of serious concerns.
“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,’’ Mr Drumgold said.
“Then when charges resulted, the [investigators’] interests have clearly aligned with the successful defence of this matter rather than its prosecution.”
In the DPP’s extraordinary letter, he also accuses police of “bullying” Ms Higgins and asks in the letter that police not contact Ms Higgins or other witnesses.
“This includes no further contact with defence or other prosecution witnesses, no contact with the complainant, and prohibiting attendance at court beyond formal evidence if required,” he wrote.
Full letter from ATC police chief
Colleagues,
I am writing to you about an article The Guardian has published today. This relates to a letter I received in November this year from ACT DPP in which he raises issues around Operation Covina.
I became aware that the DPP had released this letter under freedom of information (FOI) this afternoon after The Guardian had contacted ACTP media for comment.
ACT policing was not consulted in the FOI process. Let me be clear, the allegation the DPP has made against individual ACT policing members is untested.
These allegations are dealt with through the appropriate mechanisms. So I’m unable to comment further.
Operation Covina has been a challenging case for all involved. I acknowledge the dedication, professionalism and commitment of the officers involved in the investigation.
I see that as indicative of how all you go about your work. I ask you to deal with this in the same manner. I also asked you to look out for each other.
And if you have concerns, raise them with your leaders and with the executive.
In his letter to me, the DPP did raise with me his view that there should be a public inquiry into political and police conduct during the investigation and the trial of this matter.
I welcome a public inquiry into all aspects of the matter including, (but not limited) to the actions of police, the prosecution and defence, issues leading to delays in the trial, issues leading to the subsequent mistrial, the decision not to proceed and the associated allegations of contempt of court.
To finish, I acknowledged the importance of ACTP’s relationship with the ACT DPP to the administration of justice in the ACT and to our community.
My expectation is that the ACT policing will continue to actively engage with the ACT DPP and his officers to ensure this relationship is as strong as possible.
Without this, proper justice and the community cannot be served
Neil
Deputy Commissioner
Neil Gaughan APM
Chief Police Officer
ACT Policing
