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Defamation case against former top prosecutor dismissed
A federal police officer’s defamation claim against former ACT top prosecutor Shane Drumgold for his highly publicised criticism of their alleged conduct during Brittany Higgins’ rape trial was dismissed.
Naomi Neilson
Defamation action that alleged Drumgold brought five Australian federal police officers into “public disrepute” following the collapse of the Higgins trial was dismissed this week, according to a document filed by a registrar of the Federal Court.
The officers, led by first applicant and Detective Inspector Michael Boorman, were ordered to pay Drumgold $12,500 in costs.
Boorman’s action was filed in late April with support from Commander Michael Chew, Detective Superintendent Scott Moller, Senior Constable Trent Madders, and Senior Constable Emma Frizzell.
In their statement of claim, they alleged Drumgold’s criticism of their alleged conduct during the trial subjected them to public “ridicule and contempt”, and they reportedly sought $1.42 million in damages.
Shortly after the Higgins trial collapsed, Drumgold wrote to Moller to allege the officers were “an inappropriate interference” in the matter and engaged in a “very clear campaign” to pressure him not to prosecute the rape of Higgins by Bruce Lehmann.
The letter, sent in November 2022, called for a public inquiry to look into the “political and police conduct” in the case.
Linda Reynolds, who was named alongside the officers in the letter, settled her own defamation action with the ACT government in March for $90,000 and an apology.
The letter did spark an inquiry, during which Drumgold said he allegedly observed “things were occurring that were not in keeping with [police] obligations”. He later walked back these views.
Walter Sofronoff KC, chair of the inquiry, made several serious findings of misconduct against Drumgold in August 2023, but this was appealed.
Drumgold’s appeal, heard by Acting Justice Stephen Kaye, enjoyed "substantial success" and the ACT government was ordered to pay costs, save for any incurred in respect of an abandoned ground.
The challenge of the findings led to another inquiry that found Sofronoff “might have been influenced by the views held and publicly expressed” by a journalist with The Australian.
Sofronoff is now the subject of an investigation into alleged corruption by the ACT Integrity Commission.
Lehrmann has continued to strenuously deny he raped Higgins.
In April, Justice Michael Lee ruled in Lehrmann’s defamation trial against Network Ten, finding the former political staffer was found, on a civil standard of proof, to have raped Higgins.
Lehrmann has flagged his intention to appeal.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
