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In a significant development in the ongoing legal saga, Bruce Lehrmann, aged 30, is aiming to halt the proceedings in the rape case that was initially brought to court in January 2023. This pursuit for a permanent stay was addressed in the Queensland District Court at Ipswich today, marking a critical juncture after several months of procedural delays.
The delays were largely attributed to Lehrmann’s solicitor, Zali Burrows, who had been diligently working to obtain additional evidence from the police. The material in question is pivotal to the case, and Burrows’ efforts finally bore fruit, as confirmed during the court session.
Judge Dennis Lynch addressed the court, stating, “On December 3, I intend to provide a hearing date,” indicating that the hearing would occur in the new year. He added that he would preside over the proceedings in Ipswich, likely scheduling it for February.
The decision to tentatively set a date for the stay hearing came after Burrows revealed her success in a related court application. She noted that the police had initially provided a redacted version of the alleged victim’s phone data. However, following her application, the police agreed to furnish a complete copy, an essential piece of evidence for the defense.
Lynch set a provisional date for the stay hearing after Burrows said she had been successful in another court application.
Police had “redacted” words from a second download of the alleged victim’s phone and would now provide the full copy, Burrows said.
“We require a couple of weeks to consider this and incorporate it into the stay application,” she said.
District Judge Craig Chowdhury in a judgment handed down on Friday last week ordered prosecutors to hand over the phone download.
The second extraction of data from the complainant’s phone was required as the first copy was lost when a detective’s hard drive malfunctioned, the court was previously told.
The stay application is partly based on claims that evidence of Lehrmann’s innocence was also contained on the now destroyed hard drive.
Lehrmann, who is on bail and yet to formally enter a plea, previously worked in Canberra’s Parliament House for then Liberal senator and defence industry minister Linda Reynolds.
He was committed in July last year to stand trial on two rape charges following two days of hearings in Toowoomba Magistrates Court into the reliability of the alleged victim’s evidence.
They met during the previous night at a strip club in Toowoomba, west of Brisbane.
The woman told police she met Lehrmann and discussed their political beliefs before catching a taxi to his friend’s house, having consensual sex and consuming cocaine about 4am.
The woman said she was woken up about 10am by Lehrmann sexually assaulting her.
Lehrmann previously indicated he would contest the charges.
Crown prosecutor Caroline Marco told Judge Lynch the court-ordered copy of the alleged victim’s phone data should soon be available to Burrows.
“We should be able to disclose that material relatively quickly,” Marco said.
“We are communicating with His Honour Judge Chowdhury’s associate because the time and date of the range of messages provided in the judgment does not 100 per cent correspond with our copy of the download.”
Burrows and Marco said they were content with returning to court in December.
Judge Lynch ordered the case next be mentioned on December 3 and continued Lehrmann’s bail.