Bruce Lehrmann's lawyer queries 'possible destruction' of evidence in Toowoomba rape case
The claim by Mr Lehrmann's defence counsel, Zali Burrows, was made during a mention of the matter in the Toowoomba District Court today.
"We have received information, which was contained in one of the redacted police notebooks, which raises the possible destruction of exculpatory material, which is basically a hard drive that the police officer in charge placed all the material and evidence on and that subsequently has been damaged and we have made a request for that to be made available for an independent IT interrogation," Ms Burrows told the court.
She said the defence wanted the police officer to appear at court later this week for cross-examination.
Mr Lehrmann faces two counts of rape, alleged to have occurred in Toowoomba in October 2021.
The 30-year-old has been committed for trial on the matter but has not yet been required to enter a formal plea.
A pre-trial hearing of the case is due to be held on Friday.
Today's hearing came after Mr Lehrmann's lawyer recently lodged an application for a permanent stay of the case against her client.
The court today heard that Mr Lehrmann's defence is seeking full disclosure of the cellebrite forensic download report of the complainant's mobile telephone, in an unredacted form.
The defence is also seeking unredacted versions of three police notebooks in relation to the case — two notebooks of the investigating officer, Detective Senior Constable Ashlee Ryder, and one notebook of an unknown police officer.
The two issues — of the mobile phone report and the police notebooks — will be heard at Friday's hearing.
Judge Benedict Power also questioned Ms Burrows about an application she had made last week for the complainant in the matter to be subpoenaed to testify later this week.
Ms Burrows said it related only to the complainant's communication with investigating police.
But Judge Power pointed out there were restrictions in relation to cross-examination of complainants in sexual assault cases.
"On what basis did you think you could simply, without reference to the court, require the complainant to come and give evidence?" Judge Power asked.
Ms Burrows then asked to have the request set aside.
Judge Power also noted that the defence had sought for the investigating police officer to provide a wide-ranging list of documents including all police notebooks, all police diaries and police reports of the Bruce Lehrmann investigation.
Judge Power said the subpoena should be directed, not to the individual officer as it was, but to the commissioner of police.
Ms Burrows told the court that the investigation hard drive was in the possession of the police officer.
After legal argument Ms Burrows agreed to set aside two points of her application: seeking a declaration that Queensland Police do not have the power to determine what is relevant to a defence case and must disclose all materials; and that the prosecution must ensure the defence has a list of all materials regardless of police or prosecution view of relevance.
Judge Power had noted these declarations would be academic if the defence obtained the material it was seeking on subpoena.
Ms Burrows said that when the matter comes back before the court the defence would seek a ruling that the redactions to police notebooks be lifted and the defence receive unredacted versions.
Mr Lehrmann's defence has, in addition to filing an application for a permanent stay of the case, sought a declaration that intercepted phone calls between Mr Lehrmann's lawyers and Queensland police were "illegally obtained".
The prosecution and defence did not appear personally in court today and were heard via telephone link.
Mr Lehrmann was also on the call but did not make any comment.
The matter will be back in court on Friday for a hearing.
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