Shane Drumgold starts legal action over Lehrmann inquiry findings

An inquiry into the prosecution of Bruce Lehrmann made adverse findings against Shane Drumgold. Now, he's suing.

An inquiry into Bruce Lehrmann's prosecution made adverse findings against former ACT Director of Public Prosecutions Shane Drumgold. Source: AAP / Mick Tsikas

Key Points

• Shane Drumgold is taking legal action against an inquiry into the prosecution of Bruce Lehrmann.
• Drumgold resigned as the ACT's Director of Public Prosecution after the inquiry made adverse findings against him.
• The inquiry found Drumgold lost objectivity during Lehrmann's trial over the alleged rape of Brittany Higgins.

This story mentions sexual assault.

The ACT's outgoing top prosecutor is taking legal action against the inquiry into Bruce Lehrmann's prosecution.

Shane Drumgold's case is listed to be heard in the ACT Supreme Court on 14 September, but no details were immediately available.

Drumgold resigned as the ACT's Director of Public Prosecutions in August after a board of inquiry, set up by the ACT government, made adverse findings against him.

The inquiry - chaired by former Queensland judge Walter Sofronoff - examined accusations from police and prosecutors about each other's conduct during Lehrmann's rape trial.

Brittany Higgins accused Lehrmann, her former colleague, of raping her inside a ministerial office at Parliament House after a night out in 2019.

Lehrmann has always denied the allegation.

In October 2022, he faced a criminal trial in the ACT Supreme Court but juror misconduct derailed the proceedings and the trial was discontinued.

Drumgold ultimately dropped the prosecution against Lehrmann, fearing the impact of a second trial on Higgins' mental health.

Sofronoff made several findings of misconduct against Drumgold, including that he had lost objectivity and did not act with fairness and detachment as was required.

He also found Drumgold knowingly lied to the ACT chief justice about the nature of a note about a meeting with broadcaster Lisa Wilkinson and a speech she later made when she won a television Logie Award for her interview with Higgins.

While Drumgold accepted his conduct was less than perfect, he strongly disputed engaging in deliberate or underhanded conduct in the trial or that he was dishonest.

He has been contacted for comment.

ACT Attorney-General Shane Rattenbury noted the legal action in a speech to the ACT legislative assembly on Tuesday.

"Mr Drumgold has now commenced legal proceedings in relation to the report," he said.

If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.