Why we don’t need an inquiry into the bleeding obvious

THE ACT government has announced a Board of Inquiry into the aftermath of the abandoned Lehrmann rape case, but not settled the terms of reference nor appointed anyone to lead the inquiry. 

Over recent weeks there have been complaints and allegations arising from the trial, ostensibly the Director of Public Prosecutions controversial letter of complaint to the ACT Police Commissioner over the investigating officers’ behaviour.

“This was a high-profile trial. The allegations made in recent weeks are serious. An independent review of the roles played by the criminal justice agencies involved is the most appropriate response,” said Chief Minister Andrew Barr said.

He said the Board of Inquiry would consider whether the functions of the various criminal justice entities involved in the matter were discharged with appropriate rigour, impartiality, and independence.

Specific elements would include:

• the engagement between the ACT Director of Public Prosecutions (DPP) and ACT Policing regarding the prospect of charges being laid, the decision to proceed to trial and the decision not to proceed to a retrial;
• aspects of the conduct of police investigators and the DPP;
• whether the support provided by the Victims of Crime Commissioner to the complainant aligned with the relevant statutory framework; and
• the legal framework in the ACT for addressing juror misconduct.

He said the inquiry would be able to hold hearings, both public and private, issue search warrants, compel the production of documents, and compel the attendance of witnesses and take their evidence on oath.

ACT Policing, the DPP and Victims of Crime Commissioner have all indicated their intention to co-operate with the inquiry.

The ACT government was looking for an eminent legal expert to conduct the inquiry. The government would determine the terms of reference and key timeframes will be finalised in consultation with that expert next month.

It is expected that the inquiry would report in the first half of 2023.

“I want to make clear that this Inquiry is not about revisiting the trial, any evidence in the trial or the outcome of the trial,” Attorney-General Shane Rattenbury said. “It is expected that the Inquiry will have regard to investigations which other bodies may be conducting regarding these matters.”

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