Brittany Higgins case had 'insufficient evidence' to proceed against Bruce ... trends now
Police believed there was insufficient evidence to prosecute Bruce Lehrmann after he was accused of sexual assault by Brittany Higgins, according to diary notes made by the most senior police officer on the case.
ACT Police Manager of Criminal Investigations Detective Superintendent Scott Moller claimed in his notes that the ACT Director of Public Prosecutions Shane Drumgold SC had decided to push on with the case regardless.
He wrote down a conversation where superintendent Moller and his boss, ACT Deputy Chief Police Officer Michael Chew, warned Mr Drumgold about proceeding.
It comes as it was revealed police unlawfully gave Brittany Higgins' protected evidence to Mr Lehrmann's original defence lawyers on a USB in September 2021 - with the team insisting they did not open the material.
Police believed there was insufficient evidence to prosecute Bruce Lehrmann after he was accused of sexual assault by Brittany Higgins, according to diary notes made by the most senior police officer on the case
Mr Lehrmann had been accused of raping Ms Higgins in minister Linda Reynolds' Parliament office in March 2019 - an allegation he has continuously denied
Superintendent Moller claimed there was 'insufficient evidence' while Mr Chew said he wouldn't proceed with the case if it was up to him, The Australian reported.
'DCPO stated 'if it was my choice I wouldn't proceed. But it's not my choice. There is too much political interference',' detective superintendent Moller wrote.
'I said: 'That's disappointing given I think there is insufficient evidence'.'
Psychological counselling notes and a video of the police interview with Ms Higgins were among the protected evidence unlawfully sent to Mr Lehrmann's legal team, news.com.au reported.
The lawyers that received the information were later replaced by barrister Steve Whybrow - who did not receive the documents.
The release of the sensitive material prompted Mr Drumgold to label it a 'serious' issue and demanded police retrieve the material.
He asked superintendent Moller to make sure the USB was examined to verify claims made by Mr Lehrmann's lawyers at the time they had not accessed the information.
'Noting he is still in possession of highly sensitive and protected information, is he going to return the memory stick to the AFP?' he said.
'It appears the least the AFP could do is send someone over to collect it.
