Police officers have asked to join a court challenge to the outcome of an inquiry into the prosecution of Bruce Lehrmann, asking for some findings to remain but challenging others they say question the "character and conduct" of police.
Key points:
- Six police officers applied to join former top prosecutor Shane Drumgold's court challenge against the findings of an inquiry
- Mr Drumgold mounted the case after the inquiry into the prosecution of Bruce Lehrmann made scathing findings against him
- The officers will find out whether they can join the challenge next month
Mr Lehrmann's trial for the alleged rape of Brittany Higgins was abandoned after a juror's misconduct, leaving no findings against him, with the former Liberal party staffer maintaining his innocence.
An inquiry into the prosecution of Mr Lehrmann by the ACT's former director of public prosecutions (DPP) Shane Drumgold was led by former Queensland judge Walter Sofronoff, who delivered a scathing assessment of the then DPP.
The criticisms included an accusation that Mr Drumgold had not acted with fairness and detachment, and had knowingly lied to Chief Justice Lucy McCallum about a conversation with journalist Lisa Wilkinson.
Mr Sofronoff's findings also included allegations that Mr Drumgold did not hand police reports to the defence when he should have.
But the former DPP has fought back and lodged civil action with the ACT Supreme Court, seeking to quash the findings.
Victorian Judge Stephen Kaye held his first directions hearing on Friday in the civil challenge, with six police officers lodging their application to join the case.
Mr Drumgold has said he wanted a declaration that he was denied natural justice, and for the findings to be declared invalid because of an apprehension of bias.
The police officers who are hoping to join the case include Detective Superintendent Scott Moller, Commander Michael Chew and Senior Constable Emma Frizzell — all of whom played a major role in the investigation and inquiry.
Detective Superintendent Moller had written what became known as the Moller report, which described Ms Higgins as "evasive", "uncooperative" and "manipulative".
It claimed that Ms Higgins repeatedly refused to provide police with the phone she was using at the time of the alleged incident.
'Character and conduct' of police questioned: application claims
In their application to the court to be included in the case, the police officers noted they too were the subject of Mr Sofronoff's findings and comments.
"Many of the findings and comments are about matters that are relevant to their reputations and their careers, and some of those findings and comments express conclusions about the veracity or otherwise of serious allegations made with respect to the character and conduct of some of the applicants," the officers' application said.
The application further noted that many of the findings were favourable to the police investigators, and they did not want those aspects overturned.
"The applicants are interested in maintaining the findings and comments that relate to them, because, if the relief sought were granted … the applicants would then be liable to submit to any further inquiry … which may include exposure to a new risk of adverse comments or findings," the application said.
A hearing into whether the police officers will be allowed to be included in the case is set for next month.
In the meantime, Mr Drumgold's lawyers have sought the details of any contact Mr Sofronoff's inquiry has had with journalists.
Mr Drumgold's challenge is scheduled to be heard over two days in February next year.