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Scott Morrisons ‘head of department Phil Gaetjens has suspended his investigation into who in the PM’s office knew what and when in relation to Brittany Higgins’ rape allegation until the criminal trial is concluded.
Australian Capital Territory Director of Public Prosecutions Shane Drumgold advised Higgins, a former Liberal Party member, not to participate in the Gaetjens review as it could be detrimental to ongoing criminal proceedings.
After Higgins alleged she was raped in March 2019 by a colleague higher in parliament while working for then Defense Industry Minister Linda Reynolds, Morrison asked Gaetjens , the secretary of the Prime Minister’s and Cabinet’s department, to verify whether staff in his political office had knowledge of the allegation before it was made public in February this year.
Morrison asked Gaetjens to verify communications between his parliamentary staff and Higgins on February 17, as there were conflicting accounts as to whether senior officials in the Prime Minister’s Office were aware of key details of the alleged assault before Higgins goes public on February 15, 2021..
Higgins initially sought to be involved in this investigation. But Drumgold subsequently advised him to carefully consider not participating in any interviews, as this could ultimately result in prejudicial publicity to court proceedings while the case is under curia.
In the first week of August, a 26-year-old man was summoned to the ACT Magistrates’ Court in September for the alleged sexual assault of former government member Morrison in parliament.
Phil Gaetjens, Head of the Prime Minister and the Cabinet. Photograph: Mike Bowers / The Guardian
The man will face a charge of sex without consent in connection with the alleged assault in parliament in March 2019. His lawyer says his client categorically and unequivocally denies any form of sexual activity.
Gaetjens released a statement on Monday confirming that his investigation would be closed.
On August 26, 2021, I was informed of press reports according to which Mr. Shane Drumgold, Director of Public Prosecutions of ACT, considered that the continuation or finalization of my investigation could prejudice the current criminal proceedings. course, said the secretary.
My department separately confirmed these views with Mr Drumgold and I sought legal advice on this the same day, he said. Based on this legal opinion received on August 27, 2021, I suspended my investigation until the conclusion of the criminal trial.
This is to ensure that the investigation will not have a negative impact on criminal prosecution. The action I have taken is strictly in response to the legal opinion I have received and has nothing to do with the content of the investigation.
No conclusions regarding this content can be drawn from the legal opinion or from my decision to suspend the investigation. I informed the Prime Minister of my decision.
In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers Rape and Sexual Abuse Assistance on 0808 802 9999. In the United States, Rainn offers assistance at 800-656-4673. Other international helplines can be found at ibiblio.org/rcip/internl.html
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