Former Liberal staffer Bruce Lehrmann has claimed police destroyed evidence that could prove his innocence and his pending rape trial should therefore be abandoned.

Lehrmann’s solicitor, Zali Burrows, told Brisbane District Court on Thursday that Queensland Police had been unable to access a hard drive that contained extensive case files.

These included audio of Lehrmann taken before his arrest in 2023 and a full download of his mobile phone.

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Burrows’ claims are to be tested at a hearing on September 26, with Judge Deborah Richards ordering that Lehrmann would not face a potential trial on two counts of rape until at least 2026.

The 30-year-old appeared by phone for the mention of his case.

Judge Benedict Power previously directed the defence and prosecutors to agree on a nominal start date for the trial.

But Burrows on Thursday said that would be premature for multiple reasons.

“There is an application for a permanent stay of proceedings on the basis of destruction of exculpatory material,” she said.

“The officer in charge of this investigation has lost material that was stored on a personal hard drive that contained materials from the course of the investigation.”

Burrows said the hard drive contained audio recordings involving witnesses and Lehrmann, copies of statements and video recordings.

“(The officer) claims the hard drive malfunctioned for unknown reasons,” she said.

“Defence has sought access to the hard drive for an independent interrogation by our own experts but we are told the hard drive has now been destroyed.”

Lehrmann, who is on bail, is accused of raping a woman twice during the morning of October 10, 2021.

They met during the previous night at a strip club in Toowoomba, west of Brisbane.

The former ministerial staffer to Liberal senator Linda Reynolds was charged in January 2023 and is yet to formally enter a plea.

But his former solicitor previously told a magistrate Lehrmann intended to contest the charges.

Crown prosecutor Peter Blake-Segovia did not respond to Burrows’ submissions about the officer’s hard drive or her claims that police were providing her copies of evidence in a “piecemeal” manner.

Judge Richards said there was no room in this year’s calendar for another trial.

“I don’t have a calendar for next year yet. You are off the hook for a trial date at this stage,” she said.

Barrister Michael Bonasia, representing the Queensland police commissioner, told Judge Richards his client had been served a subpoena by Burrows for copies of all materials in the case.

“There’s an application for any claims of privilege for documents sought under the subpoena,” he said.

Judge Richards ordered a hearing on the subpoena claims on August 28 and a hearing on September 26 for Burrows’ application to permanently stay proceedings, which if granted would halt the trial before it started.

“On 29 October ... (a date) will be listed for the trial if it’s still on foot,” the judge said.

Lehrmann’s bail was continued.

If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732, visit 1800RESPECT.org.au or call National Sexual Abuse and Redress Support Service 1800 211 028.