Cops’ threat to sue Drumgold over letter

A group of Australian Federal Police officers have taken the first step in potentially launching defamation action against the ACT government over comments made by former chief prosecutor Shane Drumgold.

Lawyers acting for a group of AFP officers issued a concerns notice to the ACT government and Mr Drumgold over public comments made via a leaked letter relating to the Bruce Lehrmann trial.

The concerns notice related to a letter sent by Mr Drumgold alleging “interference in the criminal justice process” by police, which was published in The Guardian.

An ACT Government spokesperson said that some officers had issued a concerns notice to the territory government late last year relating to what they allege are defamatory statements.

The spokesperson said the officers had not yet lodged legal proceedings.

The Australian Federal Police officers’ union on Thursday said it would support its officers and their intention to take legal action.

“We will continue to support our members as we have been leading up to, during, and after the Board of Inquiry,” Australian Federal Police Association president Alex Caruana said.

“Our priority is to ensure that members are well represented and that their welfare is looked after.”

The revelation comes three days after Mr Drumgold had a major win, when a judge found the chair of the board of inquiry acted with reasonable apprehended bias.

Mr Drumgold now wants parts of a damning report into how the former top prosecutor handled Mr Lehrmann’s prosecution struck out after it found he engaged in malpractice and unethical behaviour.

Mr Drumgold launched legal action against the territory’s government and a board of inquiry into his handling of Mr Lehrmann’s prosecution for the alleged rape of Brittany Higgins.

The three-day hearing took place at the ACT Supreme Court in February, with Acting Justice Steven Kaye on Monday delivering his judgment in favour of the prosecutor.

Justice Kaye found former Queensland Supreme Court judge Walter Sofronoff KC displayed bias during the inquiry into Mr Drumgold’s conduct during the trial.

He ruled Ms Sofronoff’s communications with Janet Albrechtsen of The Australian newspaper “before and during the inquiry” gave rise to a “reasonable apprehension of bias”.

On the same day, Liberal Senator Linda Reynolds received $90,000 and a formal apology after being ­accused of “disturbing conduct” by the territory’s former top prosecutor during Mr Lehrmann’s rape trial.

The ACT government this week agreed to pay $90,000 to Senator Reynolds, including $70,000 in damages and $20,000 in legal fees, after she sued the government and Mr Drumgold for defamation in December.

Senator Reynolds launched her legal case following the trial of former Liberal staffer Mr Lehrmann for the alleged rape of Brittany Higgins.

Mr Lehrmann has always maintained his innocence.

Shortly after Mr Lehrmann’s trial was abandoned due to juror misconduct, and the charges dropped, Mr Drumgold referred to Senator Reynolds’ conduct during the trial as “disturbing” in a letter to the Australian Federal Police.

A settlement was reached between the ACT and Senator Reynolds on Friday.