Shane Drumgold’s Resignation: Unveiling a Hall of Misconduct

Shane Drumgold Resigns Amidst Damning Criticisms of Conduct in the Lehrmann Case

Shane Drumgold, the ACT Director of Public Prosecutions, has resigned following scathing criticisms leveled against him in an independent inquiry into his conduct in the prosecution of Bruce Lehrmann. The inquiry, led by former Queensland judge Walter Sofronoff and commissioned by the ACT government, accused Drumgold of serious misconduct and dishonesty. The report states that Drumgold failed to act with fairness and detachment as required by his role.

Lehrmann, a former Liberal staffer, was accused of raping his colleague Brittany Higgins in a ministerial office in 2019. Despite maintaining his innocence, a trial was aborted due to juror misconduct. A second trial was then abandoned due to Higgins’ mental health. The revelations in the Sofronoff report have prompted the resignation of Drumgold, who determined that his position was no longer tenable.

Transparency – A Critical Issue

One of the most significant findings of the Sofronoff report is Drumgold’s attempts to withhold police material that was rightfully entitled to Lehrmann’s defense team. Sofronoff expresses strong criticism of Drumgold’s behavior, stating that he purposefully kept the defense unaware of the steps he took to deny them access to important documents. Criminal litigation, according to Sofronoff, should not be treated as a game of poker where a prosecutor can manipulate the situation. The report indicates that if the defense had not managed to acquire the police documents despite the improper obstruction they faced, the conviction could have been overturned due to a miscarriage of justice.

Drumgold’s efforts to prevent disclosure extended beyond his duty, sidelining a more senior member of his staff who had raised concerns. He even enlisted an inexperienced staff member, who was newly admitted to the profession, to help him. Sofronoff’s report reveals that Drumgold required the young staff member to swear an affidavit that failed to comply with the rules, unbeknownst to them.

The Issue of Integrity

Another significant finding in the Sofronoff report is Drumgold’s deception of ACT Chief Justice Lucy McCallum. Drumgold claimed that he had warned journalist Lisa Wilkinson before her Logie acceptance speech about her interview with Brittany Higgins. This claim was refuted by Wilkinson, and evidence presented during the inquiry showed that Drumgold had later altered his notes. The Chief Justice postponed the trial due to concerns raised by Wilkinson’s speech.

Sofronoff firmly states that Drumgold knowingly lied to the Chief Justice, dismissing any suggestion that it was a mistake. He describes Drumgold’s response to Wilkinson as “wholly inadequate.” In response, Drumgold issued a statement acknowledging that he made mistakes but strongly disputing any deliberate or underhanded conduct or dishonesty. He maintained that his decisions were made in good faith.

Implications and Recommendations

The resignation of Shane Drumgold raises serious questions about the integrity and transparency of the prosecution process. The actions described in the Sofronoff report undermine public trust in the justice system and demand a thorough examination of the safeguards that are in place to prevent such misconduct.

It is crucial for the ACT government to respond to the report and provide a detailed statement addressing the issues raised. This response should outline steps to rectify any procedural deficiencies and restore confidence in the prosecution process. The swift action taken by the ACT Attorney-General, Shane Rattenbury, in accepting Drumgold’s resignation demonstrates a commitment to upholding high standards of conduct within the justice system.

Going forward, it is imperative that the ACT government and other jurisdictions review prosecutor guidelines to ensure that transparency, fairness, and impartiality remain at the core of the criminal justice system. Proper oversight, accountability mechanisms, and training programs for prosecutors should be established to minimize the risk of misconduct.

The misconduct exposed in the Lehrmann case serves as a stark reminder of the importance of maintaining the highest standards of integrity and adherence to the rule of law in the pursuit of justice. It is only through a transparent and fair legal system that trust can be restored and justice can be served.