Latest news with #ToowoombaDistrictCourt
ABC News
6 days ago
- Politics
- ABC News
Bruce Lehrmann's claim phone call recordings were 'illegally obtained' in Toowoomba rape case dismissed
Former Liberal Party staffer Bruce Lehrmann will not pursue a claim that recordings of phone calls between his former lawyers and Queensland police were "illegally obtained". Mr Lehrmann is facing two counts of rape which are alleged to have occurred in Toowoomba in October 2021. He was not present in the Toowoomba District Court for a pre-trial hearing on Friday where his Sydney-based lawyer Zali Burrows appeared on his behalf. Ms Burrows's application for a "declaration that intercepted phone calls between the 30-year-old's lawyers and Queensland Police Service (QPS) [were] illegally obtained" was due to be heard in the court today. But within 40 minutes of the hearing getting underway, Ms Burrows withdrew the claim, which was then formally dismissed by order of Judge Benedict Power. The defence application related initially to four telephone conversations — two between a police officer and Mr Lehrmann's former lawyers and two between a police officer and legal receptionist. Ms Burrows's decision to withdraw the application came after Judge Benedict Power put a set of propositions to her including that it was quite usual for police and defence lawyers to discuss a matter. Ms Burrows agreed with all of his points. She also agreed there might be circumstances in which a defence lawyer may unknowingly breach legal privilege in such a conversation. Judge Power asked Ms Burrows if she agreed that to succeed in her application, the recording of the conversation must be illegal under either Queensland or federal law -- which it is not. Ms Burrows replied that in future she would not enter into any phone conversations with any Queensland officers and would confine all communication to writing. Judge Power asked Ms Burrows whether she no longer wished to press her claim. "Yes, Your Honour … I will simply refuse to speak to police on the phone and confine it to writing," Ms Burrows replied. The Sydney-based lawyer repeated this outside court, telling reporters: "All I can say is it's another world in the state of Queensland. " Ms Burrows denied it had been a legal tactic. "It wasn't a legal move, but can I just say we got some very important material today received on return of subpoena which will certainly support our stay application." In court, Ms Burrows also told Judge Power that her client was yet to decide whether to pursue a jury or judge-alone trial. "Mr Lehrmann has not made a decision yet," Ms Burrows said. Judge Power urged Ms Burrows and the parties to move to set a trial date for the matter. But before that can occur there are more hearings related to defence applications to receive unredacted versions of police notebooks and diary entries and from the forensic download of the complainant's mobile phone. Mr Lehrmann will also pursue a permanent stay of the charges against him when the matter returns to court next month. The case has been before the Toowoomba District Court on numerous occasions amid wrangling between the Crown and defence over disclosure of the police brief of evidence against Mr Lehrmann. He has not yet been required to formally enter a plea to the indictment, but it is understood he will defend the charges. The matter returns to court for mention on July 31 and for a hearing on August 28.
West Australian
6 days ago
- West Australian
Lawyers for Bruce Lehrmann's rape case to argue over ‘unlawful' phone recordings in District Court hearing
Lawyers for former political staffer Bruce Lehrmann - who is facing two counts of rape - are due to argue whether a key piece of evidence obtained by Queensland Police was obtained unlawfully. Mr Lehrmann, 30, is not expected to front Toowoomba District Court on Friday morning when the application is due to be heard and will instead be represented by his Sydney-based lawyer Zali Burrows. 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 August 28 after Ms Burrows requested more time to assess the evidence. 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. More to come .
News.com.au
6 days ago
- News.com.au
Lawyers for Bruce Lehrmann's rape case to argue over ‘unlawful' phone recordings in District Court hearing
Lawyers for former political staffer Bruce Lehrmann - who is facing two counts of rape - are due to argue whether a key piece of evidence obtained by Queensland Police was obtained unlawfully. Mr Lehrmann, 30, is not expected to front Toowoomba District Court on Friday morning when the application is due to be heard and will instead be represented by his Sydney-based lawyer Zali Burrows. 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 August 28 after Ms Burrows requested more time to assess the evidence. 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.
Perth Now
25-06-2025
- Politics
- Perth Now
Lehrmann pushes to stop rape 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. Former Liberal Party staffer Bruce Lehrmann has been charged with two counts of rape. NewsWire / John Gass Credit: News Corp Australia 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. Mr Lehrmann's lawyer Zali Burrows said the prosecution failed to initially disclose six items. NewsWire / Nikki Short Credit: News Corp Australia 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.
7NEWS
24-06-2025
- 7NEWS
Bruce Lehrmann tries to shut down rape trial amid police conduct claims
Bruce Lehrmann has sought to halt a rape case against him, claiming that police 'illegally obtained' his lawyers' phone calls. Lehrmann, 30, is accused of raping a woman twice during the morning of October 10, 2021 after they met at a strip club the previous night in Toowoomba, west of Brisbane. Defence lawyer Zali Burrows filed an application in Toowoomba District Court on Monday seeking a permanent stay in Lehrmann's pending trial. In court documents seen by AAP, Burrows sought a 'declaration that intercepted calls between Lehrmann's lawyers and Queensland Police (were) illegally obtained'. Burrows' application was in response to an affidavit by Peter Blake-Segovia, a practice manager at the Office of the Director of Public Prosecutions' Toowoomba chambers. The affidavit stated police had possession of four audio recordings of calls between a detective and Lehrmann's previous lawyers. Blake-Segovia stated he had emailed the arresting officer in Lehrmann's case, Detective Senior Constable Ashlee Ryder, concerning material in the case. 'Can you please confirm whether a copy of anything that is relevant to the proceeding? has been disclosed?' Blake-Segovia emailed on June 17. In the court affidavit, Blake-Segovia stated Detective Ryder had 'outlined items that were in her possession that were not provided as part of the brief to the Director of Public Prosecutions'. The items included 'four audio recordings between the arresting officer and (Lehrmann's) previous legal representatives'. 'I will review the contents of the material to ascertain whether they ought to be disclosed,' Blake-Segovia stated to the court. In Queensland, it is generally lawful for a person to record a phone conversation without the consent of the other people on the call. However, Lehrmann — a former ministerial staffer to Liberal senator Linda Reynolds — has ongoing legal matters in NSW and Tasmania, where it is generally illegal to record a phone conversation without consent. The alleged victim previously told Toowoomba Magistrates Court she consumed cocaine with Lehrmann during a night out before consensual sex at about 4am. The woman said she was woken about 10am by Lehrmann sexually assaulting her. Lehrmann's former defence barrister, Andrew Hoare, said at a prior hearing the alleged victim was too intoxicated to remember giving consent and Lehrmann could have mistakenly believed he had consent. Burrows on Monday also applied for a declaration that Queensland Police did not have the discretion to determine what is relevant to the defence case and must disclose all materials. Blake-Segovia stated to the court that police held items, in addition to the phone call recordings, that had not been disclosed. SnapChat messaging app. The Ipswich District Court is due to hear Burrows' application on Wednesday.
