Bruce Lehrmann diary classified material to be declassified for return

The contents of a diary written by Bruce Lehrmann that was seized from his home have to be declassified by the federal government to be returned to him, a court has been told.

The ex-political staffer is suing the federal special minister of state, Don Farrell, and the national anti-corruption commissioner, Paul Brereton, seeking legal funding to fight allegations of corruption.

Officials from the corruption watchdog raided the 31-year-old’s home in June 2024 over allegations he misappropriated secret documents related to French submarines from the office of former defence minister Linda Reynolds five years earlier.

He denies the allegations and has filed federal court proceedings in an attempt to compel the government to fund his fight against the corruption investigation.

A skirmish around a blue diary seized from his home is on foot, with the government claiming it contains eight pages of classified security information.

The commonwealth’s barrister Bora Kaplan SC told the court on Thursday that the remainder of the diary could be returned to Lehrmann for use in the case after it was declassified.

Justice Brigitte Markovic noted the 31-year-old had written the diary and had himself designated the contents “classified” but was not allowed to see it.

“There’s just something bizarre about that,” she said. “He’s seen all this material, he’s the creator of it.”

Kaplan said the government was happy to provide the declassified material within a week.

However, it will argue that the eight remaining pages be redacted under public interest immunity at a hearing in July.

Lehrmann’s solicitor Zali Burrows asked if the blue diary could be put in the safe custody of the court.

But Kaplan pointed out problems with simply giving the court classified material.

Lehrmann is seeking to expand his claims against Farrell and Brereton, including alleging the June 2024 raids were conducted in excess of the corruption watchdog’s power.

He also says he was unlawfully forced to give evidence at two secret hearings in October 2024 in Hobart, where he resides.

Whether he can bring these new allegations as well as proposed orders seeking the cessation of any investigations against him will be hashed out at a hearing in October.

Lehrmann claims the investigation was spurred by “frivolous, James Bond-like allegations”.

He is accused of gathering the confidential information on the French submarines in March 2019, days after he allegedly raped his colleague Brittany Higgins in then-senator Reynolds’ office at Parliament House.

He has denied the sexual assault claims, which remain untested in a criminal court.

But federal court Justice Michael Lee found in 2024 the allegations he raped Higgins were proven on the balance of probabilities.

That finding was upheld twice by the full federal court and the high court.

Brereton will retire from his role as anti-corruption commissioner on Saturday after serving three years of his five-year term.