The case of five police officers suing the former Director of Public Prosecutions has been dismissed with a court ordering the cops pay $12,500 in costs.
Subscribe now for unlimited access.
or signup to continue reading
The officers launched legal action in April, alleging Shane Drumgold SC defamed them in a letter The Guardian published in December 2022.
In the letter, Mr Drumgold raised concerns about the conduct of ACT police during the investigation and trial of Bruce Lehrmann.
The officers also sought almost $1.5 million in damages.
On Tuesday, the Federal Court dismissed, by consent, the application of Marcus Colin Boorman, Michael Chew, Scott Joseph Miller, Trent Robert Madders, and Emma Louise Frizzell.
The Canberra Times understands the police officers withdrew their application to sue the former top prosecutor.
They have also been ordered to pay costs of $12,500 to Mr Drumgold.
Former DPP 'relieved'
In a statement to The Canberra Times, the former DPP's lawyer, Ian Meagher said: "Mr Drumgold always held the view that the police officers' defamation case was never likely to succeed".
"He is relieved that the proceedings were dismissed by consent, with a costs order in his favour.
"The media headlines generated from the defamation claims, in his view, were always likely to be the high point in the claims.
"In any event, Mr Drumgold hopes everyone involved finds peace and can now move on."
Mr Drumgold sent the letter to then ACT chief police officer Neil Gaughan on November 1, 2022.
The five police officers, in their originating application, alleged this caused harm to their "personal and professional reputation", while also "being brought into public disrepute, odium, ridicule and contempt".
Mr Lehrmann was accused of raping Ms Higgins at Parliament House in 2019. The criminal trial was aborted due to juror misconduct.
A separate civil trial found, on the balance of probabilities, that Mr Lehrmann did rape Ms Higgins, although he no longer faces criminal charges.
Push for inquiry into 'political and police conduct'
In the letter, Mr Drumgold pushed for a public inquiry into "both political and police conduct in this matter".
He alleged "consistent and inappropriate interference by investigators", and stated their "interests have clearly aligned with the successful defence of this matter rather than its prosecution".
Mr Drumgold has since resiled from his suspicions of political interference in the case, saying he was "mistaken".
A board of inquiry was later established, led by chairman Walter Sofronoff KC, which found that ACT police officers "accomplished a thorough investigation [but] made some mistakes".
Each of the police officers who sued Mr Drumgold gave evidence during this inquiry.
Earlier this year, in separate court proceedings, Mr Sofronoff's relationship with a columnist from The Australian was found to have given rise to an apprehended bias against Mr Drumgold.
Separately, Mr Sofronoff is now being investigated by the ACT integrity commission over the the board of inquiry report being given to two journalists.
Mr Drumgold, who resigned in 2023, has previously apologised for initially allowing the letter to be emailed without consulting police, or redacting the names.