![Victims of Crime Commissioner Heidi Yates leaves the inquiry on Thursday. Picture by Gary Ramage Victims of Crime Commissioner Heidi Yates leaves the inquiry on Thursday. Picture by Gary Ramage](/images/transform/v1/crop/frm/37pQecASsxP5kZpQjfMrnhn/448f39e2-ff59-4f0a-9f14-7160d735d5b3.jpg/r0_171_3498_2145_w1200_h678_fmax.jpg)
The ACT Victims of Crime Commissioner has blamed criticism of her appearances beside Brittany Higgins on a misunderstanding, insisting her decision to "stick by" the alleged rape victim was fair.
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But Heidi Yates accepts she may have approached one aspect of her "conspicuous presence" differently if she had her time again, admitting there are "learnings" to be considered.
Ms Yates came under fire on Thursday when she fronted an independent inquiry into how she, police and the ACT Director of Public Prosecutions handled Ms Higgins' rape allegations.
Ms Higgins accused fellow former Liberal Party staffer Bruce Lehrmann of raping her at Parliament House in 2019, when they both worked for Senator Linda Reynolds.
Mr Lehrmann, who has always denied the claims, stood trial in the ACT Supreme Court last year after pleading not guilty to a charge of sexual intercourse without consent.
On each of the days Ms Higgins attended court, Ms Yates walked into the building by her side.
![Victims of Crime Commissioner Heidi Yates, right, arrives at the inquiry on Thursday. Picture AAP Victims of Crime Commissioner Heidi Yates, right, arrives at the inquiry on Thursday. Picture AAP](/images/transform/v1/crop/frm/37pQecASsxP5kZpQjfMrnhn/885e43d0-8585-442c-abf9-47d719cbc911.jpg/r0_71_4000_2329_w1200_h678_fmax.jpg)
Counsel assisting the inquiry, Erin Longbottom KC, asked Ms Yates on Thursday about perceptions her presence had "a propensity to affect the presumption of innocence" afforded to Mr Lehrmann.
"Those perceptions concern me greatly," Ms Yates replied.
"Those concerns perhaps reflect a misunderstanding of my role in the justice system."
Ms Longbottom noted the presumption of innocence was a human right in the ACT and the Victims of Crime Commissioner was legally bound to uphold it.
But Ms Yates told the inquiry her office was also legally obliged to provide support and services for eligible complainants, like Ms Higgins, under the Victims of Crime Act.
The inquiry heard that legislation did not require an accused to be convicted before a complainant could be classed as a victim, and one of Ms Yates' statutory functions was to provide support during a trial.
Ms Yates said she therefore had to perform a "balancing exercise", taking into account the rights of the complainant and the accused, as well as the public interest, when deciding whether to be what Ms Longbottom described as "the public face" of support for Ms Higgins.
![ACT Victims of Crime Commissioner Heidi Yates. Picture by Elesa Kurtz ACT Victims of Crime Commissioner Heidi Yates. Picture by Elesa Kurtz](/images/transform/v1/crop/frm/37pQecASsxP5kZpQjfMrnhn/a0073c23-028c-4226-a879-9feec1498b87.jpg/r0_7_2969_1676_w1200_h678_fmax.jpg)
She agreed with inquiry chairman Walter Sofronoff KC it was possible for a Victims of Crime Commissioner to "cross the line" and give the impression an accused person was guilty.
"What do you say about sticking by Ms Higgins' side in a case of public notoriety and daily news video?" Mr Sofronoff asked Ms Yates.
"Do you think you transgressed that line there?"
Ms Yates said she did not think so, adding that no one had raised concerns with her during the trial.
"In the absence of those [concerns], I was doing my best in the circumstances," she said.
Ms Yates also said she believed she had made "a fair decision", considering the information available at the time, to accompany Ms Higgins on the walk to court.
Concern Higgins would collapse
![Brittany Higgins composes herself as Heidi Yates, right. looks on. Picture by Karleen Minney Brittany Higgins composes herself as Heidi Yates, right. looks on. Picture by Karleen Minney](/images/transform/v1/crop/frm/37pQecASsxP5kZpQjfMrnhn/d349eb92-25f2-4eea-9486-33fcb5214708.jpg/r0_285_5568_3428_w1200_h678_fmax.jpg)
Ms Longbottom subsequently grilled the Victims of Crime Commissioner about whether it had been wise to stand beside Ms Higgins when the latter gave a speech to media after a mistrial had been declared.
Ms Yates told the inquiry her primary concern at the time had been for the welfare of Ms Higgins, who had spent about 15 minutes in a bathroom crying and struggling to breathe after learning the jury was going to be discharged.
She had therefore feared Ms Higgins might collapse while giving the speech.
Ms Yates also said it was not for her or her office to "direct or control" the actions of complainants.
MORE INQUIRY COVERAGE:
However, she conceded that, in hindsight, she ought to have asked about the content of the speech before agreeing to stand beside Ms Higgins as it was read.
This was partly the case because a retrial of Mr Lehrmann was expected at the time, and Chief Justice Lucy McCallum had specifically warned media about the dangers of further publicity about the case.
Ms Yates said she only learned about that warning later, given she had been in the bathroom with a distressed Ms Higgins when it was delivered.
The charge levelled at Mr Lehrmann, who maintains his innocence, was ultimately discontinued.