A legal bid to stop the criminal rape case against former Liberal Party staffer Bruce Lehrmann has hit another hurdle after a judge highlighted ongoing “problematic” delays in the proceedings.
Mr Lehrmann is charged with two counts of rape, alleged to have occurred in Toowoomba, west of Brisbane, in October 2021.
The 30-year-old has not yet been required to enter a plea before the court, but has previously indicated he will plead not guilty to each count.
A hearing for a permanent stay application brought on by Mr Lehrmann’s defence lawyer, Zali Burrows, was originally set down to be heard in the Toowoomba District Court on Friday.
Zali Burrows appeared via telephone at the District Court in Toowoomba on Wednesday. (ABC News: Brandon Long)
Ms Burrows previously told the court her application was the result of learning the officer in charge of the case had lost reported evidence that was on a hard drive, which later became corrupted.
The court was also previously told the hard drive had been destroyed after its contents were deemed irretrievable.
Mr Lerhmann’s matter was briefly mentioned on Wednesday, where Judge Dennis Lynch KC questioned whether the matter could proceed on time after Ms Burrows filed several subpoenas with the court before Wednesday.
However, the court was told Ms Burrows was required to provide her material to the court by Monday.
“This whole process of getting this to the day of hearing has been problematic, and it seems to me, Ms Burrows, the matter isn’t ready to proceed [because] you haven’t complied with the obligations for filing,” Mr Lynch said.
Prosecutor not satisfied with defence material
Director of Public Prosecutions prosecutor Caroline Marco said she could not be “satisfied” she would be ready to proceed on Friday because Ms Burrows missed her deadline.
Caroline Marco told the court she would not be able to prepare for Friday’s hearing in time. (AAP: Darren England)
She also said Ms Burrows’s request to subpoena the officer in charge of the case for Friday’s hearing could not be met because that officer was not available on the day.
She said the prosecution had been “on notice” that she expected the officer in charge to be made available to give evidence about the corrupted hard drive at Friday’s hearing because that was the basis of the permanent stay application.
The court was told another officer Ms Burrows had subpoenaed had since died.
Ms Burrows said she was not made aware of the officer’s death when she filed the subpoena.
Judge Lynch vacated Friday’s hearing, adjourning the matter to Ipswich District Court on October 27.
He said the delay was a direct result of Ms Burrows “not getting things organised” in time for the prosecution to adequately prepare their case against her client.
“The matter can’t proceed. It’s not satisfactory it’s dragged on as long as it has,” he said.