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Lehrmann defence questioned on police actions in trial

Bruce Lehrmann’s defence lawyer Steven Whybrow (right) faces a second day at the hearing. (Mick Tsikas/AAP PHOTOS)

By Maeve Bannister in Canberra

FORMER Liberal staffer Bruce Lehrmann’s defence lawyer will face further questions at an independent inquiry into how the ACT justice system handled Brittany Higgins’ rape allegations.

Steven Whybrow is expected on Tuesday to expand on his evidence that a senior police investigator who said he would resign if Mr Lehrmann was found guilty experienced a “moral trauma” by the end of the trial.

Mr Lehrmann pleaded not guilty in an ACT Supreme Court trial which was derailed because of juror misconduct.

Prosecutors later dropped the charges against him because of fears about the impact a second trial would have on Ms Higgins’ mental health.

Mr Whybrow told the inquiry he did not get the impression police had acted unprofessionally during the investigation or trial.

But he had never had a senior officer tell him they would resign over a verdict, which is what happened during a meeting with ACT Police detective inspector Marcus Boorman while the jury was still deliberating.

“In relation to Detective Inspector Boorman, he was somewhat stressed (and) my impression was a sort of moral trauma,” Mr Whybrow said on Monday.

“He expressed the view that he thought (Mr Lehrmann) was innocent.”

The inquiry, led by former Queensland solicitor-general Walter Sofronoff, is examining the actions of ACT police, prosecutors and a victim support service during the high-profile investigation and trial.

It was established after accusations by police and prosecutors about each other’s conduct during the case.

ACT Director of Public Prosecutions Shane Drumgold called for a public inquiry because of what he believed was a “passion” from investigators for the prosecution to fail.

But Mr Whybrow disagreed with Mr Drumgold’s assessment of police behaviour.

“This was not a case where (the defence) at any stage thought the police were in any way trying to undermine this investigation,” he said.

“(Police) looked at everything, whether it suited the allegation or it suited the statements made by Mr Lehrmann in their record of interviews.”

Officers from ACT Policing and Australian Federal Police as well as the Victims of Crime Commissioner are also expected to give evidence to the inquiry.

Mr Sofronoff will provide a report to the ACT government at the end of July.

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