The ACT's top prosecutor says his suspicions of political interference in the Parliament House rape case were "mistaken", telling an inquiry he now believes police lacked the necessary skill to handle the matter.
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An independent inquiry into the case of Bruce Lehrmann was ordered after Director of Public Prosecutions Shane Drumgold SC complained to the territory's chief police officer last year.
He accused investigators of pressuring him not to pursue Mr Lehrmann over the alleged rape of Brittany Higgins, and called for a public probe into "political and police conduct".
Mr Lehrmann has always denied raping Ms Higgins during their time working as Liberal Party staffers, and there have been no findings made against him.
On Wednesday, Mr Drumgold explained that he had written to the top cop because, in part, he feared the former Coalition government had pressured police to make the matter "go away".
When his concerns were examined further on Thursday, Mr Drumgold was shown a diary entry made by Detective Superintendent Scott Moller before Mr Lehrmann was charged.
In the June 2021 entry, Detective Superintendent Moller wrote that he had met with ACT deputy chief police officer Michael Chew about the case.
He indicated Mr Drumgold had recommended to Commander Chew that Mr Lehrmann be charged.
"DCPO stated, 'If it was my choice, I wouldn't proceed. But it's not my choice. There is too much political interference'," the diary entry reads.
"I said, 'That's disappointing given I think there is insufficient evidence'."
Inquiry chairman Walter Sofronoff KC asked whether it was possible the diary entry referred to police having feared Mr Drumgold was the subject of political interference.
Mr Drumgold agreed the note could be interpreted that way, but he said he was "certainly not subjected to any political interference".
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Asked whether his views about federal politicians potentially conspiring with police had changed since he called for the inquiry, Mr Drumgold accepted he had been "mistaken" about that belief.
Mr Drumgold then offered his current theory as to why police had "passionately" opposed charging Mr Lehrmann.
"It was most likely a skills deficit," he told the inquiry, detailing his view that investigators had been applying the wrong legal test when deciding whether or not to charge rape suspects.
He also agreed with Mr Sofronoff when the inquiry chairman asked if thought the opinions investigators held about the strength of the evidence were clouded by "rape myths".
Mr Drumgold told the inquiry he believed the main thing police needed to address was the passion with which they held certain views, saying strong opinions tended to remove objectivity, create confirmation bias and "infect" investigations.
He claimed Detective Inspector Marcus Boorman demonstrated a clear loss of objectivity when the senior officer purportedly threatened to resign if Mr Lehrmann was convicted.
Mr Drumgold also revealed Detective Inspector Boorman had "refused" to take part in the charging of Mr Lehrmann, while Detective Leading Senior Constable Trent Madders claimed to have felt "physically ill when charges were laid".
He described Detective Leading Senior Constable Madders, who interviewed Ms Higgins about her allegations, as "central to the investigation".
"If you're so passionate that you're going to get physically sick if your investigation results in charges, how can I have any confidence in that investigation?" Mr Drumgold asked.
Earlier on Thursday, Mr Drumgold explained how his relationship with police deteriorated when he did not "embrace" their opinion that the case against Mr Lehrmann was "dead".
He said he picked up on a "vibe" that police wanted to weaken the case in order to convince him they were right, saying they seemed to be looking for "some evidence to kill it finally".
As Mr Drumgold's evidence continued, Liberal senator Linda Reynolds, who employed Mr Lehrmann and Ms Higgins at the time of the alleged rape, made a statement to the Senate.
She described Mr Drumgold as having "backflipped" on the suggestion of political interference, which she slammed as "a complete affront" to her reputation.
"This baseless suggestion was without any, any foundation," Senator Reynolds said.
"But it should never, ever have come to this.
"I have provided all assistance and possible cooperation with the Australian Federal Police investigation, as I released in a media statement [on Wednesday].
"Not just with the AFP, but with the DPP and with the defendant's lawyers.
"The facts were always available to the DPP.
"It is baffling and it is disturbing that this view was offered under oath [on Wednesday] as there was absolutely no basis for this claim, as the DPP has now acknowledged again under oath today in the inquiry."
