A federal court has been informed that a diary seized from the home of Bruce Lehrmann must undergo a government declassification process before it can be returned to him.
The former political staffer is currently suing Special Minister of State Don Farrell and National Anti-Corruption Commissioner Paul Brereton, seeking government funding to defend himself against corruption allegations.
The legal battle stems from a June 2024 raid on the 31-year-old’s residence, conducted by the corruption watchdog over suspicions that Lehrmann misappropriated secret documents regarding French submarines from the office of former Defence Minister Linda Reynolds five years ago.
Lehrmann denies these accusations and has initiated federal court proceedings to compel the government to fund his legal defense.
At the center of the current dispute is a blue diary seized during the raid, which the government claims contains eight pages of classified security information.
Commonwealth barrister Bora Kaplan SC informed the court on Thursday that the government is prepared to return the declassified portions of the diary within a week. However, the government intends to argue in a July hearing that the remaining eight pages should be redacted under public interest immunity.
Justice Brigitte Markovic remarked on the irony of the situation, noting that while Lehrmann wrote the diary and had personally designated the contents as “classified,” he is now barred from accessing his own writing.
“There’s just something bizarre about that,” Justice Markovic stated. “He’s seen all this material; he’s the creator of it.”
While Lehrmann’s solicitor, Zali Burrows, suggested the diary be placed in the court’s safe custody, Kaplan highlighted the complexities of transferring classified material to the court.
Lehrmann is now seeking to broaden his legal claims against Farrell and Brereton, asserting that the June 2024 raids exceeded the watchdog’s legal authority. He further alleges that he was unlawfully coerced into providing evidence during two secret hearings in October 2024 in Hobart.
A hearing scheduled for October will determine if these new allegations and Lehrmann’s request to halt all investigations against him can proceed. Lehrmann has characterized the investigation as being based on “frivolous, James Bond-like allegations.”
The allegations suggest Lehrmann gathered confidential information on French submarines in March 2019, shortly after he allegedly raped colleague Brittany Higgins in Senator Reynolds’ office at Parliament House.
While Lehrmann denies the sexual assault claims—which have not been tested in a criminal court—Justice Michael Lee ruled in 2024 that the allegations were proven on the balance of probabilities. This finding was subsequently upheld by both the Full Federal Court and the High Court.
Commissioner Paul Brereton is set to retire from his post this Saturday, concluding three years of his five-year term.