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The Canberra Times
The Canberra Times
Tim Piccione

Chief Minister 'safekeeping' 180,000 documents from inquiry, court hears

Chief Minister Andrew Barr and former Director of Public Prosecutions Shane Drumgold SC. Pictures by Gary Ramage, Karleen Minney

The territory's Chief Minister is "safekeeping" in excess of 180,000 documents from the inquiry that made damning findings about the former top prosecutor's conduct, a court has heard.

Shane Drumgold SC, who resigned as director of public prosecutions after being slammed over his conduct in the case against former Liberal Party staffer Bruce Lehrmann, launched legal action last month.

On Thursday, the case's second appearance before the ACT Supreme Court, registrar Jayne Reece set hearing dates for February 12 and 13, 2024.

"Everybody knows what we're working towards now," Ms Reece said.

The registrar also narrowed the terms by which Mr Drumgold is able to access the documents, which are being managed by the Chief Minister's Directorate, ahead of those dates.

She did so after hearing the man's legal team wanted access to all items committed to the custody of Chief Minister Andrew Barr following the board of inquiry, among others.

Kate Eastman SC, counsel for the territory, said Mr Drumgold's requests for access to the approximately 180,000 items were "very broad".

General access to documents, as requested, was likely to cause difficulties in meeting timetables, strain the territories resources, and lead to complications for items subject to non-publication orders, Ms Eastman said.

Shane Drumgold SC, whose hearing date has been set. Picture by Karleen Minney

Mr Drumgold's counsel, Dan O'Gorman SC, told the court being granted general access to documents would minimise the number of times parties would be back before the court in debate.

Ms Reece ultimately ordered for the discovery of documents to be made by category, as a "more efficient way to deal with the matter", rather than generally.

Mr O'Gorman said, outside of this issue, the "area of disagreement is now pretty narrow".

Victoria's Justice Stephen Kaye is expected to be appointed as a territory acting judge to preside over the matter and help avoid conflicts of interest for local judicial officers.

Ms Reece said Justice Kaye was yet to be appointed.

"I expect that issue will be resolved in the next few weeks," she said.

The registrar also ordered for Mr Drumgold to serve an amended affidavit by November 17 and for the Board of Inquiry to serve any evidence by December 8.

She ordered Mr Drumgold's evidence in reply be served by December 15.

Mr Drumgold's originating application seeks judicial review of the 839-page board of inquiry report written by chairman Walter Sofronoff KC.

The findings of misconduct in relation to Mr Drumgold include that he knowingly lied to Chief Justice Lucy McCallum and "preyed on" the inexperience of a junior prosecutor while dishonestly withholding documents from Mr Lehrmann's lawyers.

Mr Drumgold is seeking the entire report be quashed or, alternatively, that the conclusions made in relation to him be declared invalid.

The former prosecutor had initially applied for restraining orders or an injunction to prevent Attorney-General Shane Rattenbury from taking any action against him on the basis of the inquiry report.

Mr Drumgold withdrew his legal action against Mr Rattenbury last week.

The trial against Mr Lehrmann was aborted last year because of juror misconduct, with the charge levelled at the former Liberal staffer, who maintains his innocence, later discontinued.

No findings have been made against Mr Lehrmann.

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