The ACT government is preparing to announce an inquiry into the conduct of authorities involved in the Parliament House rape case, after the territory's top prosecutor made a series of extraordinary complaints and the police union responded with a stinging rebuke.
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Attorney-General Shane Rattenbury and the director-general of the Justice and Community Safety Directorate, Richard Glenn, briefed the ACT cabinet on the case on Monday.
Chief Minister Andrew Barr said the cabinet had "discussed how a broad ranging, independent inquiry could help to identify the roles played by the parties involved in the trial and whether these actions were appropriate".
It is now understood the government is set to respond to the briefing by imminently ordering an inquiry, which would complement the Australian Commission for Law Enforcement Integrity investigation launched in response to the ACT Director of Public Prosecutions' complaints about police.
However, the government first needs to work out how to structure the inquiry, with the matter complicated by the fact ACT Policing is an arm of the Australian Federal Police and its officers cannot be referred to the ACT Integrity Commission.
Calls for a public inquiry have been growing since the release of an explosive letter Director of Public Prosecutions Shane Drumgold SC sent ACT chief police officer Neil Gaughan after Bruce Lehrmann's trial collapsed because of juror misconduct.
Mr Lehrmann denies raping Brittany Higgins at Parliament House when the pair were federal Liberal Party staffers in March 2019, and will not face a retrial after his rape charge was dropped.
In his November 1 letter, released under freedom of information laws, Mr Drumgold complained to Deputy Commissioner Gaughan about being pressured by police not to prosecute Mr Lehrmann.
He accused investigators of aligning themselves with Mr Lehrmann's defence when he did not agree with their position, and of leaving Ms Higgins feeling as though police were "bullying" her to withdraw her sexual assault complaint.
Deputy Commissioner Gaughan emailed his staff after the letter was released to stress that Mr Drumgold's allegations against individual ACT Policing members were "untested".
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Mr Drumgold's letter outlined his view that there should be "a public inquiry into both political and police conduct in this matter".
The chief police officer indicated in his message to officers he would welcome a broader public inquiry, which would also examine issues including the conduct of prosecutors.
A public inquiry has also been supported by ACT Opposition Leader Elizabeth Lee and Australian Federal Police Association president Alex Caruana, the latter of whom was keen to know why Mr Drumgold had taken the matter to trial if investigators believed there was insufficient evidence.
Mr Caruana also intends to complain to the Office of the Australian Information Commission and the ACT Ombudsman about Mr Drumgold's office releasing the letter to The Guardian without redacting the names of police personnel.
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