Lawyers for Bruce Lehrmann’s rape case suffer major blow as judge dismisses phone recording application

Lawyers for Bruce Lehrmann – who is facing two counts of rape – have suffered a major court blow as part of a bid to have proceedings against the former political staffer thrown out. Mr Lehrmann, 30, did not front Toowoomba District Court on Friday morning when the application was heard on Friday morning. His Sydney-based lawyer Zali Burrows attempted to argue recorded phone calls between Mr Lehrmann’s former legal team and Queensland Police were “unlawful” and amounted to an “unfair” tactical advantage. But District Court Judge Benedict Power KC dismissed the application within hours of the court sitting. The case has been in and out of court through the week, ahead of what was planned to be a hearing for a permanent stay of proceedings on Friday. But this was adjourned to a date in August after Ms Burrows requested more time to assess the evidence. On Friday, the court was told Ms Burrows’ application related to at least two conversations with police officers. Ms Burrows conceded there was nothing untoward about a police officer receiving a call or phoning a legal representative, and if a “detailed or shorthand note” of a conversation was made, after being questioned by Judge Power. He also asked Ms Burrows if a defence lawyer would not reveal anything subject to legal professional privilege in a conversation with a police officer “without their client’s instructions”, to which Ms Burrows agreed. She still maintained it was an “unfair” tactical advantage for a police officer to make a recording with a lawyer, in the event a lawyer “inadvertently abdicates their client’s (legal professional) privilege”. The court was told Mr Lehrmann’s prior lawyers had not disclosed anything subject to legal professional privilege. Ms Burrows’ case ultimately hinged on establishing whether a police officer recording conversations with legal representatives was unlawful. She chose to withdraw the application, leading to Judge Power to dismiss it. An application for a permanent stay of proceedings is due to be heard later this year. Judge Powers said he was not in a position to determine “where any fault lies” but indicated a date for a potential trial would need to be set down soon. Ms Burrows said her client had not determined whether he wanted a jury or judge-alone trial. The matter will be back in court on July 31. Another application concerning a subpoena issued to the Commissioner of the Queensland Police Service will be heard at the District Court on August 28. Mr Lehrmann is charged with two counts of rape, which police allege stem from an incident in Toowoomba – west of Brisbane – in October 2021. He has not entered a plea but has previously indicated he will fight the charges. Police allege Mr Lehrmann had sex with a woman twice without her consent during a night out in the Garden City. During a committal hearing in June last year, the court was told the woman had been out drinking with friends and consumed cocaine before she went to a strip club, The Vault, in Toowoomba, where she met a man she claimed said his name was Bryce. It will be alleged in court that Mr Lehrmann gave the woman a false name of “Bryce” when the pair met before clarifying his name as “Bruce”. After leaving the club, the pair allegedly had consensual sex and consumed more cocaine. It is alleged the woman lost consciousness and woke up to Mr Lehrmann having sex without her consent, and she urged him to stop. The second charge against Mr Lehrmann alleges that moments later, he again had sexual intercourse with the woman without her consent. During a separate mention at Ipswich District Court in June, Ms Burrows lodged a fresh application requesting a permanent stay of proceedings, stemming from allegations that police unlawfully recorded phone calls with Mr Lehrmann’s lawyers. According to the defence, an officer failed to initially disclose six items, including four audio recordings of conversations between her and Mr Lehrmann’s former legal representative, two recordings involving the alleged victim, and one with a witness. Ms Burrows had previously sought the full disclosure of all material in the possession of Queensland Police in May.