Police officers have served the territory's former top-prosecutor with a defamation concerns notice amid his legal action against a high-profile inquiry into his professional conduct, a court has heard.
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Former Director of Public Prosecutions Shane Drumgold SC launched legal action in August against the Board of Inquiry's damning findings into his conduct during the Bruce Lehrmann rape case.
On Friday, the ACT Supreme Court heard five police officers, all of whom gave evidence during the inquiry that led to Mr Drumgold's resignation, had served him with a formal written notice of possible defamation action.
Dan O'Gorman SC, representing Mr Drumgold, informed Acting Justice Stephen Kaye of the recent action but gave no further details.
A notice does not formally commence civil proceedings and can offer ways to make amends for allegedly defamatory imputations.
In his action, Mr Drumgold is seeking Wolter Soffronoff KC's entire report be quashed or, alternatively, the conclusions made in relation to him be declared invalid, unlawful or affected by bias or a denial of natural justice.
The findings of misconduct in relation to Mr Drumgold include that he knowingly lied to Chief Justice Lucy McCallum and "preyed on" the inexperience of a junior prosecutor while dishonestly withholding documents from Mr Lehrmann's lawyers.
On Friday, Justice Kaye approved an application for six police officers to join the civil proceedings as defendants.
The judge said it was appropriate for the officers - Michael Chew, Scott Moller, Marcus Boorman, Robert Rose, Trent Madders and Emma Frizzell - to join because they "may be directly affected by relief sought".
In their application, the officers said if the report, or parts of it, were quashed, they may be "exposed to a new risk of adverse comments or findings".
"The applicants are interested in maintaining the findings and comments made in the report that relate to them, because those findings and comments are generally favourable to the applicants, and form part of a public record about matters relevant to their reputations and careers," the application reads.
Justice Kaye refused a further application for the ACT Chief of Police to appear in the proceedings, not as a defendant but with the opportunity to intervene and offer assistance.
The judge said it was only appropriate for parties directly affected by the relief sought to join in any capacity.
The matter is set down for a multi-day hearing in February.
Tim Piccione
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
