Bruce Lehrmann’s legal team faced a significant setback when a court dismissed their application to have his rape case dismissed. Lehrmann, a former Liberal Party staffer, stands accused of two counts of rape stemming from an incident that allegedly occurred during a drug-fuelled night in a Toowoomba nightclub in 2021.
Details of the Legal Challenge
Last month, Lehrmann’s lawyers, led by Zali Burrows, filed an application seeking to throw out the case, claiming that certain evidence, specifically intercepted phone calls, had been obtained illegally. The Toowoomba District Court heard the arguments on Friday, where Burrows contended that recordings between police officers and Lehrmann’s previous lawyers compromised the integrity of the legal process.
Judge Benedict Power presided over the hearing and noted that Burrows needed to establish that the police officer’s recording of the conversations constituted unlawful action. Burrows acknowledged that there was no issue with police taking detailed notes of conversations with lawyers and conceded that Queensland law permits lawyers to record their discussions with police.
During the proceedings, Power remarked, “I’m not sure if you’re aware of it, but it’s not uncommon,” in reference to the practice of police recording conversations. Burrows argued that allowing police to record conversations with lawyers could create an “unfair tactical advantage,” particularly if a lawyer unintentionally breached client privilege. She clarified that she was not claiming that any privileged information had been disclosed to police.
Ultimately, Burrows withdrew her application for the declaration regarding the legality of the phone call recordings. She suggested that the issue could be resolved by refraining from phone conversations with Queensland police in the future. Power stated, “That’s a decision for you to make,” leaving the direction of the case in Burrows’ hands.
Next Steps in the Case
The court also discussed a draft subpoena sent by Burrows to the Queensland Police Service two days prior to the hearing. The police had not been able to review the subpoena within the required timeframe. Judge Power dismissed the application for the declaration that the recordings were obtained illegally and ordered that the police commissioner file a sealed copy of the requested material by August 25, 2023.
Burrows also indicated that her application to stay the proceedings would be heard at a later date. To ensure progress, Power instructed that if no stay is granted, the involved parties must establish a trial date. He stated that by July 31, 2023, Burrows should either be prepared to set a trial date or provide a valid explanation for any delays.
Outside the courtroom, Burrows expressed her reluctance to communicate with Queensland police via phone, remarking, “It’s another world in the state of Queensland.” As the case progresses, it remains uncertain whether Lehrmann will opt for a trial by judge or jury.
This legal development highlights ongoing tensions surrounding the case and raises questions about the implications for both the accused and the accuser. As the situation unfolds, the legal community will closely monitor the next steps in this high-profile case.
