DPP had 'already decided' to progress Lehrmann case before reviewing evidence, Moller told inquiry

Director of Public Prosecutions Shane Drumgold SC had “already decided on progressing the prosecution” of Bruce Lehrmann before he had even reviewed the evidence, Detective Superintendent Scott Moller told the Board of Inquiry.

In his statement, DS Moller said his meetings with the DPP had left him “concerned for the independence and integrity of the investigation”.

“I felt … that Mr Drumgold had lost objectivity in this matter,” DS Moller told the inquiry on Tuesday (23 May), explaining why he and Detective Inspector Marcus Boorman decided they would seek independent legal advice in relation to the Lehrmann prosecution.

“I didn’t agree that Mr Drumgold should be making an assessment of this matter prior to actually reading the brief,” he added.

DS Moller wrote in his statement that he had become aware from discussions with his team when the case was in its early stages that “there was concern Mr Drumgold … may have had a pre-determined position in relation to the outcome of the investigation and prosecution of Mr Lehrmann”.

“Mr Drumgold was committed to the trial no matter what the evidence was or how we presented it,” he added, noting that it was another almost three weeks until the DPP received any evidence to review.

DS Moller told the inquiry there were concerns among police officers involved in the case that there wasn’t enough evidence to charge Mr Lehrmann, and he had attempted to raise these issues with Mr Drumgold.

“I was concerned that the investigation wasn’t significant enough to move forward with a prosecution, and I was worried that Mr Lehrmann could potentially be placed before the court when we didn’t have enough evidence,” he said.

“I was trying to convey that, like the other investigators did to Mr Drumgold, who continually, over many months, dismissed our propositions about this matter.

“We didn’t view the evidence the way Mr Drumgold viewed it,” he added.

To this end, DS Moller said in his statement that Mr Drumgold told police officers, “it doesn’t matter what he says”, in reference to Mr Lehrmann being interviewed.

“This comment shocked and concerned the investigators”, he said.

In cross-examination by Mr Drumgold’s counsel Mark Tedeschi KC, DS Moller was asked whether he and DI Boorman were trying to “convince” Commander Michael Chew not to proceed with the case.

“I think you’re overstating that … Certainly, I was conveying my position, which was that I thought there was insufficient evidence,” he responded.

Mr Tedeschi asked DS Moller why the executive briefing document he prepared for Commander Chew in June 2021 focused on highlighting issues in the case, including “inconsistencies in disclosure, credibility concerns and other evidentiary issues that may affect any potential prosecution”.

“I think I’m giving a summary of exactly where we’re up to in the investigation,” he said, denying Mr Tedeschi’s suggestion that the report failed to address the strengths of the prosecution’s case.