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AAP
AAP
National
Rex Martinich

Lehrmann fight to halt rape trial set for court hearing

Bruce Lehrmann's bid to shut down the rape case against him will be heard in four weeks' time. (Jono Searle/AAP PHOTOS)

Former Liberal staffer Bruce Lehrmann's bid to halt his rape trial, which includes claims of police misconduct, will be tested at a court hearing.

Defence lawyer Zali Burrows filed an application in Toowoomba District Court seeking a permanent stay in Lehrmann's pending trial, claiming that police illegally obtained his lawyers' phone calls.

Ms Burrows on Monday also sought for prosecutors to disclose all potential evidence in the case.

Bruce Lehrmann's lawyer Zali Burrows (file)
Defence lawyer Zali Burrows has applied for a permanent stay in Bruce Lehrmann's case. (Mick Tsikas/AAP PHOTOS)

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.

Lehrmann, who is on bail, and Ms Burrows appeared by phone when the application to halt the trial was briefly mentioned on Wednesday in Ipswich District Court.

Judge Dennis Lynch asked Ms Burrows and crown prosecutor Caroline Marco if they would agree to hold a hearing on the application on July 25.

The pre-trial case was already scheduled for a hearing on evidence disclosure in Toowoomba District Court on that date.

Ms Burrows agreed as did Ms Marco, who also asked for clarification on what materials the parties had to disclose before the hearing.

"Any material that the parties intend to rely upon, that includes affidavit material and any written submissions,"Judge Lynch said.

In court documents seen by AAP, Ms Burrows sought a "declaration that intercepted calls between Mr Lehrmann's lawyers and Queensland Police (were) illegally obtained".

Ms 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.

Former Liberal staffer Bruce Lehrmann (file)
Bruce Lehrmann is accused of having cocaine and consensual sex with a woman before raping her. (Jono Searle/AAP PHOTOS)

Mr Blake-Segovia stated he had emailed the arresting officer in Lehrmann's case, Detective Senior Constable Ashlee Ryder, concerning material in the case.

In the court affidavit, Mr Blake-Segovia stated Det 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".

Judge Lynch on Wednesday ordered that the defence would be required to file all supporting materials by July 14 and the prosecution a week later ahead of the July 25 hearing at Toowoomba District Court.

Lehrmann's bail was continued.

The alleged victim in the case previously told Toowoomba Magistrates Court she consumed cocaine with Lehrmann during a night out before consensual sex at about 4am at a house in the regional city.

The woman said she was woken about 10am by Lehrmann sexually assaulting her.

Lehrmann, a former ministerial staffer to Liberal senator Linda Reynolds, has yet to formally enter a plea but his former solicitor has previously told a magistrate he intended to contest the charges.

Andrew Hoare, Lehrmann's former defence barrister, said at a prior committal hearing the alleged victim could have been too intoxicated to remember giving consent and Lehrmann could have mistakenly believed he had consent.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

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