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I made mistakes, but I wasn’t dishonest: Drumgold

Outgoing ACT director of public prosecutions Shane Drumgold. (AAP Image/Lukas Coch)

By Maeve Bannister in Canberra

RESIGNING ACT Director of Public Prosecutions Shane Drumgold has disputed many of the leaked findings from the Sofronoff Inquiry.

“While I acknowledge I made mistakes, I strongly dispute that I engaged in deliberate or underhanded conduct in the trial or that I was dishonest,” he said in his first statement since the findings of an inquiry into how the justice system handled Bruce Lehrmann’s rape trial were revealed late last week.

“Although I accept my conduct was less than perfect, my decisions were all made in good faith, under intense and sometimes crippling pressure, conducted within increasingly unmanageable workloads.”

The ACT’s chief prosecutor initially took leave after he faced a grilling about his actions as the lead prosecutor in the former Liberal staffer’s trial, but will retire permanently from his role as of September 1.

The board of inquiry – chaired by former Queensland judge Walter Sofronoff KC – provided its final report to the ACT government last Monday.

But the inquiry also provided select media outlets with the report without the permission or knowledge of the territory government.

Mr Drumgold criticised the pre-emptive release of the report to select media outlets and said he was only provided with a copy after it was released to journalists.

He said the leak denied him procedural fairness and deprived the government of the opportunity to consider his conduct objectively.

Mr Drumgold acknowledged the premature publicity meant his office, the courts and the public could not have faith in his functions as director and as such he would retire from the role.

“My career has been driven by a fire burning within, lit by an early life spent surrounded by the pain of chronic inter-generational social injustice,” he said.

“This fire has fuelled a life that took me from a disadvantaged housing commission estate to an esteemed leadership role within the legal profession.

“Unfortunately, I find the fire has been extinguished, and try as I might, I cannot reignite it.

“In my mind, the handling of the case was reflective of the chronic problem in Australia with the way our legal institutions deal with allegations of sexual violence.

“Systems do not miraculously self-repair. If people in key roles such as a DPP do not call out failings, the system becomes a self-protecting cycle of systemic failure.

“I hope everyone involved in this matter finds peace – and I wish you all well.”

Former Liberal staffer Brittany Higgins accused Mr Lehrmann of raping her inside a ministerial office at Parliament House after a night out in 2019. Mr Lehrmann has always denied the allegation.

In October he faced a criminal trial in the ACT Supreme Court but juror misconduct derailed the proceedings.

Mr Drumgold ultimately dropped the charge against Mr Lehrmann because of his fears about the impact of a second trial on Ms Higgins’ mental health.

He also called for an inquiry because of his concerns about how the investigation and trial had been handled, a decision that ultimately cost him his job as director.

He said he’d hoped a post-mortem of the case would allow the ACT to gain a better understanding of why 87 out 100 women did not report sexual assault, what the experiences were of those who did and why so few reports resulted in charges.

Instead, Mr Drumgold said the report findings focused mainly on himself.

The ACT government is expected to release the Sofronoff Report this week.

DPP Drumgold resigns following inquiry report

 

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5 Responses to I made mistakes, but I wasn’t dishonest: Drumgold

cbrapsycho says: 6 August 2023 at 11:31 pm

Very sad how overwork, stress and passionate beliefs can force errors that harm those trying to do the right thing.

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David says: 7 August 2023 at 7:32 am

Wow, you wonder how he ever got the job if you read his full response. Does quoting statistics as a basis of guilt mean we can do away with the whole court system? If he is truly worried about the message and impact this has of on the prospect of future allegations of rape being made then a ball sits firmly in his court. The way he ran the case resulted in any evidence that was presented being highly questionable. The leaking of private messages was wrong but it should not have revealed any information that the DPP was not already across and assumed would be revealed as part of the trial. Going to trial on the hope of hiding evidence isn’t a good message. Perhaps the message should be it’s all about the evidence and victims need as much support as possible to collect as much evidence as possible as soon as possible.

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cbrapsycho says: 7 August 2023 at 8:55 am

You don’t think he’s already copped enough flak? The media focus on his errors have enabled other issues that need addressing to be ignored, and other people who have done the wrong thing to be excused.

Removing him will not fix these other problems which are significant and important. It is essential to understand the reasons behind all of these issues and to give them proper attention. That is assuming that people really want the entire system of law to function better, rather than just to attack and scapegoat one person, deflecting attention from other things and brushing them under the carpet..

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David says: 7 August 2023 at 10:18 am

Other problems should be addressed but what those problems are are still being clouded. The whole process in terms of bringing the case to prosecute is not a big problem area as it is clear the case went to prosecution where in previous times it may not. On that front the new system is working, not perfect and needs tuning, but the desired outcome was achieved. The leaking of evidence is problematic but the hiding of evidence is also problematic. Did one lead to the other? The general topic is one relevant to all areas of law and not a particular problem of rape allegations. Whistleblowers have their place when relevant evidence is revealed and the problem highlighted is just how much evidence there was not in the public domain while the media was drawing their own very public opinions. So yes, we do need to address the problem of how the media handled a very serious allegation as well as parliament. It should not have been discussed as it was in parliament or the media until the case had gone to trial.

What is being swept under the carpet is a coherent message to victims. How about addressing that fact that despite there being multiple occasions where hard evidence could have been collected it wasn’t. The DPPs job would have been much easy with one piece of such evidence. Maybe the focus should be on making it as easy as possible for victims to have any evidence collected at the time with no pressure on them. No mandatory reporting, no one needing to know it has been collected, no fear of the act of preserving evidence triggering a chain of events they are not yet ready to deal with. Give them the best chance of dealing with the trauma and then having the power to control how things are going to proceed. Advice to say, if you go near politicians or the media your motives will be questioned. Is this the sort of scrutiny you want ? The case will eventually be decided in a court of law, not the media and not the parliament.

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