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Federal police have been asked to investigate whether contempt of court was committed by the leaking of sensitive documents possibly in relation to Bruce Lehrmann's criminal trial.
Key points:
- Lawyers for Network Ten argue footage and documents obtained by police were disclosed to media networks against their intended purpose
- The Australian Federal Police have confirmed the matter will be investigated
- Federal Attorney-General Mark Dreyfus says he is "deeply concerned" about the allegations of leaked material
Lawyers for media personality Lisa Wilkinson have referred to police the leak of a five-hour pre-interview involving Wilkinson and Brittany Higgins, which appeared in multiple Australian media outlets this week.
According to documents tendered to the Federal Court as part of Mr Lehrmann's defamation action against Network Ten, the pre-interview was obtained during an Australian Federal Police search of The Project office in June 2022, where it was provided on a USB.
That USB contained audio of the meeting between producer Angus Llewellyn, Wilkinson, Ms Higgins and her partner David Sharaz, along with uncut footage of The Project's interview with Ms Higgins and other transcripts.
Wilkinson's pre-interview has been referenced in several publications over the past week, including during 7NEWS Spotlight's interview with Mr Lehrmann, and articles in The Daily Mail and The Australian.
Lawyers for Network Ten are arguing the footage and documents obtained by police were disclosed to media networks against their intended purpose, which was to be used as possible evidence in the trial of Mr Lehrmann.
Mr Lehrmann was originally charged with rape however there have been no findings against him after the charge was dropped.
'To breach it may constitute a contempt of court': Attorney-General
Attorney-General Mark Dreyfus spoke in question time on Tuesday, saying he was "deeply concerned" at allegations of the unauthorised publication of material gathered for the criminal trial of Mr Lehrmann.
"Material produced to a court in response to a subpoena is subject to an implied undertaking from the parties who receive it, that it won't be used for purposes other than for those court proceedings," he said.
"To breach it may constitute a contempt of court."
The Attorney-General also brought up the Harman undertaking — a legal term that refers to evidence, which is obtained for a trial, only being used for that trial.
Network Ten's lawyers argue that the Harman undertaking has not been followed, leading to relevant parties acting in contempt of court.
In a statement to the ABC, the Australian Federal Police said it had "received a complaint from lawyers acting for a television network".
It added that the complaint was now before its Sensitive Investigation Oversight Board.
ACT top prosecutor won't rule out contempt proceedings
Marlia Saunders, a partner at law firm Thomson Geer acting for Network Ten, sent a letter to the Australian Federal Police, alleging the misappropriation of the evidence, and another to ACT's acting Director of Public Prosecutions (DPP) Anthony Williamson.
In reply to Ms Saunders, in an email tendered to the Federal Court, Mr Williamson said while there may have been a release of evidence, the DPP would not move to investigate it further at this stage.
"Based on the information provided to me, it does appear that there has been a breach of the Harman undertaking attached to the production of material produced by your client under subpoena," he said.
"However, what is not clear to me on the available information is who exactly breached the undertaking, and the circumstances surrounding that breach.
"One reasonably available inference is that Mr Lehrmann provided the material to Channel 7 in breach of the undertaking. But that, of course, is not the only reasonably available inference."
The acting DPP said he was unaware of any instances in the territory where the DPP had brought about contempt proceedings for a breach of a Harman undertaking.
He added that he would not commence any proceedings addressing the alleged contempt, but said that he may change his position if further related evidence became available.
Mr Williamson is currently standing in for Shane Drumgold whose leave of absence from the role of DPP has been extended.
"Mr Drumgold's period of leave has been extended to 30 June at his request," an ACT government spokesperson confirmed.
"Mr Williamson will continue to act as director during this period."