The ACT's top prosecutor admits he "entirely misread the situation" when Lisa Wilkinson tried to read him a speech about Brittany Higgins, saying he should have listened to the TV host.
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Director of Public Prosecutions Shane Drumgold SC gave evidence on Monday at an independent inquiry into the case of former Liberal Party staffer Bruce Lehrmann, who denied raping Ms Higgins at Parliament House when the pair worked together.
Mr Lehrmann's ACT Supreme Court trial was abandoned because of juror misconduct, and the charge levelled at him was ultimately discontinued.
The independent inquiry is examining the conduct of Mr Drumgold, police and ACT Victims of Crime Commissioner Heidi Yates in connection with the high-profile case.
Counsel assisting the inquiry, Erin Longbottom KC, quizzed Mr Drumgold on Monday about his attitude to a stay application Mr Lehrmann made after Ms Wilkinson gave a speech at the 2022 Logie awards.
Ms Wilkinson made the remarks after winning a silver Logie for an interview she did with Ms Higgins on The Project.
Mr Drumgold unsuccessfully opposed the stay application, with Chief Justice Lucy McCallum deciding last June to delay Mr Lehrmann's trial by about four months because of Ms Wilkinson's speech.
The inquiry heard that before the speech was given, Ms Wilkinson had attempted to read it to Mr Drumgold during a conference about the evidence she would give if called as a witness at the trial.
Mr Drumgold stopped her from doing so, telling Ms Wilkinson he and his staff were "not speech editors".
He said he had also cautioned her that "any publicity" about the case could give rise to a stay of the trial.
Pressed about whether he should have delivered a stronger warning, Mr Drumgold said the speech was presented to him at the time as a hypothetical because Ms Wilkinson might not win the Logie award.
He indicated she had also told him she was unlikely to win because of "something about a rival network".
"Quite frankly, when I was hearing [Ms Wilkinson starting to read the speech], I thought it was more about her being up for a Logie award than seeking genuine advice," Mr Drumgold told the inquiry.
Asked by board of inquiry chairman Walter Sofronoff KC whether this meant he had thought Ms Wilkinson was "bragging" about being nominated, Mr Drumgold agreed it was "of that flavour".
"In hindsight, I probably should have taken a different approach," Mr Drumgold admitted.
"I would accept that I entirely misread the situation."
He went on to explain that he had not, at the time, thought he was "dealing with a real issue", given Ms Wilkinson had been talking about a speech she believed she was unlikely to ever give.
"I now know that it's a real issue," Mr Drumgold told the inquiry.
"I should have listened to the full force of the speech and probably overstepped my barrier."
The inquiry also heard Ms Wilkinson had stood down from her role co-hosting The Project, on Network Ten, because of the vitriol directed at her in the wake of her speech delaying Mr Lehrmann's trial.
Mr Drumgold agreed he had received correspondence from lawyers for Ms Wilkinson, who believed she was being treated unfairly by his office in the aftermath.
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The lawyers had wanted Mr Drumgold to publicly address false media reports about him having told Ms Wilkinson not to make the speech, and to announce she would not be charged with contempt of court.
"Whatever sympathy I have for Ms Wilkinson, I'm not a publicist," Mr Drumgold said on Monday.
"I'm the Director of Public Prosecutions."
Mr Drumgold's evidence continues.
