Lehrmann’s fears of ‘Christmas raid’ by national corruption watchdog

Former federal Liberal staffer Bruce Lehrmann has claimed in court that he fears the national corruption watchdog could launch a “Christmas raid” on his home, as he pursues the agency and the federal government over his legal costs.

Lehrmann launched Federal Court proceedings in September against the National Anti-Corruption Commission and the Commonwealth, seeking a declaration by the court that he is eligible for federal funding for legal costs incurred in complying with two NACC investigations.

He also sought a declaration that the Commonwealth had “unreasonably delayed a grant of funding”.

During a preliminary hearing on Tuesday – conducted in Sydney with Lehrmann appearing via audiovisual link from a courtroom in Hobart – the court heard that the Commonwealth, via Special Minister of State Don Farrell, had now formally rejected Lehrmann’s application for legal funding.

The decision was made on October 22, the court heard.

Lehrmann had sought an order compelling the minister to make a funding decision.

Justice Brigitte Markovic said it was open to Lehrmann, who is acting for himself, to seek to amend his case to ask the court to review the minister’s decision. He told the court he would take that step.

If the Commonwealth and the NACC do not consent to the amendment, there will be legal argument about it at the next hearing on February 23.

Sydney barrister Bora Kaplan, SC, acting for the Commonwealth and the NACC, foreshadowed that he would argue the court did not have the power to make a declaration that Lehrmann is eligible for legal funding.

Lehrmann said he was worried about waiting for a hearing in February.

“I’m concerned in light of the rejection of legal funding [that] I am without legal representation and these investigations, as far as I’m aware, are still on foot,” Lehrmann said.

“The orders that I seek … don’t prejudice the NACC opening a new investigation. I’m just concerned [about] waiting until February that there might be some sort of Christmas raid or something.”

He said he would “correspond in the next couple of days” with the NACC to “seek some undertakings that it won’t take any further action”.

Lehrmann said in a document filed in court that the NACC executed two search warrants related to him on June 5 last year.

He says it concerned an investigation into “frivolous, James Bond-like allegations” that he used “official” information – described by him as “French submarine secrets” – gathered on March 26, 2019, for “financial, personal and professional purposes”.

Lehrmann, who was formerly employed in the office of then Liberal defence industry minister Linda Reynolds, claims he has been questioned over those allegations and a second NACC investigation.

In a separate court fight, Lehrmann has asked the Full Court of the Federal Court to overturn his damning defamation loss, including the central finding by Justice Michael Lee that he raped his then-colleague Brittany Higgins in 2019 in Reynolds’ Parliament House office. The appeal court has reserved its decision.

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