Bruce Lehrmann is seeking to halt his ongoing rape case, alleging that police unlawfully acquired recordings of phone conversations between him and his legal representatives. At 30 years old, he faces accusations of raping a woman twice on 10 October 2021, following a meeting at a strip club the previous night in Toowoomba, west of Brisbane.
On Monday, defence attorney Zali Burrows lodged an application in Toowoomba District Court, requesting a permanent stay of the impending trial. Court documents indicate that Burrows is arguing for a declaration that the intercepted calls between Lehrmann’s lawyers and Queensland Police were obtained illegally.
The legal proceedings have escalated following an affidavit made by Peter Blake-Segovia, a practice manager from the Office of the Director of Public Prosecutions’ Toowoomba office. In this affidavit, Blake-Segovia revealed that police had four audio recordings of calls between a detective and Lehrmann’s former attorneys.
On 17 June, Blake-Segovia had reached out via email to Detective Senior Constable Ashlee Ryder, inquiring about whether materials pertinent to the case had been disclosed. He stated that Ryder detailed items in her possession that were not included in the evidence submitted to the Director of Public Prosecutions, specifically noting the four call recordings.
Blake-Segovia mentioned in court that he would assess whether this material warranted disclosure for the case. The situation is complicated by the fact that while it is generally permissible in Queensland to record conversations without the consent of all parties, Lehrmann is simultaneously dealing with legal issues in New South Wales and Tasmania, where such recordings are illegal without consent.
The alleged victim has previously testified that she and Lehrmann had consumed cocaine together before engaging in consensual sex early that morning. She later claimed that she was awakened by Lehrmann assaulting her around 10 AM, leading to conflicting narratives about consent.
Lehrmann’s former barrister, Andrew Hoare, argued at a previous hearing that the woman might have been too intoxicated to recall consenting, suggesting that Lehrmann might have mistakenly believed he had consent.
Burrows also seeks a ruling that the police do not hold the discretion to determine which materials are relevant to the defence case and must provide all relevant evidence. The court has been informed that police possess additional undisclosed items, including two audio recordings and emails between the alleged victim and Ryder, alongside other materials pertaining to Lehrmann’s communications.
The Ipswich District Court is scheduled to hear Burrows’ application on Wednesday. For those in need of support, resources are available through the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).