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Citing concerns Lehrmann’s defence barrister Steven Whybrow SC had raised to this effect, Drumgold was asked whether he should have recused himself as prosecutor from the trial.
Source: https://www.crikey.com.au/2023/05/10/bruce-lehrmann-inquiry-prosecutor-drumgold-breach/
Drumgold later learned Lehrmann’s lawyers had not read any of the material and had undertaken not to look at it.
Former Queensland solicitor-general and court of appeal boss Walter Sofrnoff will head the inquiry into whether police, Mr Drumgold or the Victims of Crime Commissioner breached their duties during the investigation.
Source: https://thenewdaily.com.au/news/2023/02/02/bruce-lehrmann-complaint-shane-drumgold/
Higgins, Higgins’ spokeswoman, Tingle, the ABC, Lehrmann’s spokesman, Drumgold and the federal police were all contacted for comment for this story.
In a submission to the inquiry, Mr Drumgold said requiring consent created a "significant risk of error".
In his concluding paragraphs, Mr Drumgold asserted that Australian Federal Police officers 'had a strong desire for this matter not to proceed to charge' and said investigators had 'clearly aligned with a successful defence'.
In his letter, Mr Drumgold then said the conduct of 'investigators has been equally concerning' and accused them of 'regularly conferencing' with Mr Lehrmann's legal team during breaks - which Mr Whybrow denied when questioned during the inquiry.
In the letter, Mr Drumgold complained to Gaughan that police had engaged in a "very clear campaign to pressure" him not to prosecute Bruce Lehrmann, the alleged offender in the case.
"It is clearly disproportionate and will lead to some concerning precedents," Mr Drumgold told the court.
Mr Drumgold agreed, but tried to clarify that he was not referring to his current state of mind.
Mr Drumgold, who faced five days of questioning at the inquiry, also conceded a file note presented to court as taken at the time of the meeting was amended days after to include his warning to the journalist.
Ms Lee couldn’t say whether she had faith in the ACT’s criminal justice system, given some of the alleged findings against Mr Drumgold were “alarming”, and called on Mr Rattenbury to “take some leadership”.
Shane Drumgold SC outside the inquiry in May.
Shane Drumgold SC outside the inquiry into Bruce Lehrmann's case.
Superintendent Moller said he later changed his mind after reading legal advice from Mr Drumgold and claimed police were committed to the prosecution.
The ACT government was considering its options, including whether Drumgold should face charges, or Sofronoff for leaking the report several days ago.
The review was announced in December after the ACT’s director of public prosecutions, Shane Drumgold, subsequently dropped the charges against Lehrmann and claimed police had pressured him to abandon the trial.
Source: https://citynews.com.au/2023/queensland-barrister-to-chair-lehrmann-trial-enquiry/
When pressed on his opposition to disclosing the report to the defence, Drumgold said he didn’t believe the document was relevant to the trial and that it plainly exhibited “a strong bias towards the defence”.
Source: https://www.crikey.com.au/2023/05/10/bruce-lehrmann-inquiry-prosecutor-drumgold-breach/