Bruce Lehrmann, the former political staffer, is embroiled in a legal dispute with the federal government over a diary seized from his home, which allegedly contains eight pages of classified information. The Commonwealth's barrister informed the federal court that the diary will be returned to Lehrmann only after it has been declassified.
Background of the Case
Lehrmann is suing the federal Special Minister of State, Don Farrell, and the National Anti-Corruption Commissioner, Paul Brereton, seeking legal funding to fight allegations of corruption. The corruption watchdog raided Lehrmann's home in June 2024 over claims he misappropriated secret documents related to French submarines from the office of former defence minister Linda Reynolds five years earlier. Lehrmann denies these allegations and has initiated federal court proceedings to compel the government to fund his defence against the corruption investigation.
The Diary Dispute
A key point of contention is a blue diary seized from Lehrmann's home. The government claims it contains eight pages of classified security information. Justice Brigitte Markovic noted the irony that Lehrmann, who wrote the diary and designated its contents as classified, is not allowed to see it. "There's just something bizarre about that," she remarked. The Commonwealth's barrister, Bora Kaplan SC, stated that the government is willing to return the declassified portion of the diary within a week but will argue for the redaction of the eight pages under public interest immunity at a July hearing.
Lehrmann's Legal Claims
Lehrmann is seeking to expand his claims against Farrell and Brereton, alleging that the June 2024 raids exceeded the corruption watchdog's powers. He also claims he was unlawfully forced to give evidence at two secret hearings in Hobart in October 2024. The court will address whether these new allegations and proposed orders to cease investigations against him can proceed at a hearing in October. Lehrmann describes the investigation as based on "frivolous, James Bond-like allegations."
Broader Context
Lehrmann is accused of gathering confidential information on French submarines in March 2019, days after he allegedly raped his colleague Brittany Higgins in then-senator Reynolds' office. He denies the sexual assault claims, which remain untested in criminal court. However, Federal Court Justice Michael Lee found in 2024 that the rape allegations were proven on the balance of probabilities, a finding upheld by the full federal court and the high court. Meanwhile, Paul Brereton will retire as anti-corruption commissioner on Saturday after three years of his five-year term.
