A secret police file claimed Brittany Higgins had sex ‘multiple times’ in her boss’s Parliamentary office where she later alleged she was raped by fellow staffer Bruce Lehrmann.
It also alleged Ms Higgins had been ‘counselled multiple times for lying’.
The 64-page document compiled by Australian Federal Police questioned her credibility and was withheld from Mr Lehrmann’s defence by ACT’s top prosecutor Shane Drumgold.
But details have now been revealed after it was tendered to the inquiry into Mr Lehrmann’s prosecution.
The unverified police claims reveal another Liberal staffer had alleged Ms Higgins and another man had sex on ‘multiple occasions’ in then-defence industry minister Linda Reynolds’ office.
The un-named man is alleged to have been having an affair with Ms Higgins and was engaged to someone else at the time.
A secret police file claimed Brittany Higgins (pictured) had sex ‘multiple times’ in her boss’s Parliamentary office where she later alleged she was raped by fellow staffer Bruce Lehrmann
The 64-page document also alleged Ms Higgins had been ‘counselled multiple times for lying’
Prosecutor Shane Drumgold (pictured) told an inquiry into how the territory’s justice system handled rape allegations against Mr Lehrmann that he’d ‘clearly’ erred
The man identified in the police investigation has since denied the claims and told news.com.au that he had never been interviewed over the allegations.
He admitted to dating Ms Higgins when he was single but said they never had sex in Ms Reynolds’ office.
Mr Lehrmann was accused of raping Ms Higgins in the same office in 2019, but has always strenuously denied the allegation.
His trial on the rape charge was abandoned over juror misconduct and the prosecution later dropped over concerns for Ms Higgins’ mental health.
The ACT Board of Inquiry – with the same powers as a Royal Commission – has been set up to investigate the prosecution.
Mr Drumgold admitted he had ‘clearly’ erred in holding back the papers from the defence team and said they would have been ‘crushing’ to Ms Higgins.
But he insisted he had not deliberately withheld from Mr Lehrmann’s defence because of his concerns about them, the inquiry was told.
Mr Drumgold was on Tuesday questioned by counsel assisting the inquiry, Erin Longbottom KC, why he made a submission that an investigative review document fell under legal professional privilege and should not be provided to the defence.
‘Clearly error, clearly error,’ Mr Drumgold said, saying he mistakenly believed it was contained within the brief of evidence.
The investigative review documents contained criticism of Ms Higgins by police, the inquiry was told.
Mr Drumgold was asked by Ms Longbottom whether he felt ‘frustration’ that the documents had been produced in response to a subpoena.
‘I don’t recall feeling frustration at it,’ Mr Drumgold said. ‘It’s clear that the document showed a strong bias as a discrete document.’
When pressed on whether he was concerned about it being given to the defence, Mr Drumgold said he was concerned it could be harmful to Ms Higgins.
‘Well, I didn’t think it should fall into (the defence’s) hands because essentially it says a senior police officer through a stereotype, bias analysis has drawn particular conclusions about a complainant,’ Mr Drumgold said.
‘I mean it’s potentially terribly harmful to a complainant if that document finds its way into a court.’
Prosecutors later dropped the charge against Bruce Lehrmann (pictured) because of concerns about the impact a second trial would have on Ms Higgins’ mental health.
Mr Drumgold said he was concerned it could be ‘crushing’ to Ms Higgins.
‘Well, I had some concerns this would be crushing to the complainant,’ Mr Drumgold told the inquiry.
When asked if his opinion about the ‘crushing’ nature of the documents formed part of his opposition to its disclosure, he said: ‘I don’t think so. I mean it features nowhere in my submissions, my thought processes were in my submissions.’
The inquiry is set to hear from central figures involved in the trial, including defence counsel Steven Whybrow SC.
Mr Lehrmann, who is not expected to provide evidence to the inquiry, has sat in the back of the public gallery.
Retired judge Walter Sofronoff KC is presiding over the matter and is due to report back to the ACT government by July 31.
