Man Accused of Raping Brittany Higgins Lodges Professional Misconduct Complaint

Man Accused of Raping Brittany Higgins Lodges Professional Misconduct Complaint
Bruce Lehrmann leaves the ACT Magistrates Court in Canberra, Australia, on Oct. 26, 2022. (Martin Ollman/Getty Images)
2/2/2023
Updated:
2/2/2023

The man accused of raping former Liberal staffer Brittany Higgins has filed a formal complaint of professional misconduct against the prosecutor involved in the case, accusing him of being politically motivated in his handling of the matter.

Bruce Lehrmann faced trial for the alleged sexual assault of Higgins in Parliament House. But the case was postponed multiple times before being officially dropped due to the prosecutor’s concerns over Higgins’ mental health.

Lerhmann has maintained his innocence, saying the pair never had any sexual interaction.

The Australian newspaper on Thursday reported that Lehrmann accused Australia Capital Territory (ACT) Director of Public Prosecutions Shane Drumgold of committing professional misconduct by “pursuing the matter through the media.”

“By doing so, he is bringing into disrepute his own office, the fine work and reputation of the Australian Federal Police and our members,” Lehrmann wrote in the letter.

“His public behaviour continues to smear my name and the presumption of innocence that is a cornerstone of our justice system and that demands him to uphold.”

Brittany Higgins leaves court in Canberra, Australia, on Oct. 14, 2022. (Martin Ollman/Getty Images)
Brittany Higgins leaves court in Canberra, Australia, on Oct. 14, 2022. (Martin Ollman/Getty Images)

Lehrmann also alleged that Drumgold was “bolstered by political interests.”

An inquiry has also been launched into the handling of the court proceedings by police and prosecutors and whether any potential political interference took place. Retired Queensland solicitor-general Walter Sofronoff will head the investigation.

Drumgold has separately claimed police pressured him to abandon the trial, raising concerns about political and police conduct in the case.

But the police union brushed off the allegations and said Drumgold’s office had compromised the trial.

Charges Abandoned Due to Concerns Over Higgins’ Health

Drumgold abandoned charges against Lehrmann in December 2022, citing evidence that extended trials have taken a toll on Higgins’ mental health.

“Whilst the pursuit of justice is essential for both my office and for the community in general, the safety of a complainant in a sexual assault matter must be paramount,” Drumgold said at the time.

“I have made the difficult decision that it is no longer in the public interest to pursue a prosecution at the risk of the complainant’s life.”

He noted he had received “compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant.”

Higgins’ close friend Emma Webster said in a statement the past two years have been “difficult and unrelenting” for Higgins.

“While it’s disappointing the trial has ended this way, Brittany’s health and safety must always come first,” she said.

“Brittany is extremely grateful for all the support she has received, particularly from our mental health care workers.”

Extreme Media Attention

Although Higgins hasn’t achieved legal status as a victim of the alleged sexual assault crime, her case has attracted national attention following extreme media coverage of her public comments, which led the lawyers of Lehrmann to raise concerns that it may amount to contempt of the court.
“I urge all media to show restraint in reporting this matter and in particular in republishing the statements made by the complainant,” Lehrmann’s defence barrister Steve Whybrow wrote in a statement in February 2023 after Higgins spoke to the media outside of the ACT supreme court.

“I understand the complainant and other members of her support team were all seated in Court this morning when the Chief Justice discharged the jury and made strong comments about people making statements or comments that could prejudice a fair trial,” Whybrow said in a statement on behalf of Mr Lehrmann.

“Notwithstanding Her Honour’s admonition, the complainant proceeded to give what appears to have been a pre-prepared speech to the media outside the Court.

AAP contributed to this article.