Bruce Lehrmann's lawyer alleges unlawful police recordings in bid to stop trial
Former Liberal Party staffer Bruce Lehrmann has taken a dramatic step to halt his upcoming rape trial, filing an application that alleges police unlawfully recorded conversations with his legal team.
The 29-year-old former Liberal Party staffer was charged with two counts of rape over an alleged incident in Toowoomba in October 2021.
Mr Lehrmann's Sydney-based lawyer, Zali Burrows, lodged a fresh application in the Toowoomba District Court on Monday, requesting a permanent stay of proceedings.
It followed the Office of the Director of Public Prosecutions (ODPP) filing an affidavit last Friday that the defence argues failed to include all relevant material in the case.
The matter was briefly mentioned in the Ipswich District Court on Wednesday, as the Toowoomba District Court was not sitting.
Mr Lehrmann and Ms Burrows both appeared via phone.
The permanent stay application stems from allegations that police unlawfully recorded phone calls with Mr Lehrmann's lawyer.
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.
Judge Dennis Lynch ordered all material the parties intend to rely on, including affidavits and written submissions, to be filed by July 14 for the applicant and July 21 for the respondent.
He adjourned the case to the previously scheduled date of July 25 when the permanent stay application will be heard alongside a separate defence application for full disclosure of police material.
While Queensland law permits individuals to record conversations they are a party to, NSW law, where all of Mr Lehrmann's legal representatives are based, requires consent from all parties or specific exemptions.
In May, Ms Burrows lodged an application seeking full disclosure of all material in the Queensland Police Service's possession.
The ODPP's affidavit filed last week was in response to that request.
If the permanent stay application succeeds, the rape charges against Mr Lehrmann could be dropped.
Mr Lehrmann's bail was formally extended, and the matter is scheduled to be heard on July 25 at the Toowoomba District Court.
He has indicted that he will defend the charges but is yet to enter any pleas.
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