logo
Walter Sofronoff had no ‘corrupt, dishonest or malicious motive' in leaking Lehrmann inquiry report, lawyer argues

Walter Sofronoff had no ‘corrupt, dishonest or malicious motive' in leaking Lehrmann inquiry report, lawyer argues

The Guardian2 days ago
Former Queensland judge Walter Sofronoff sincerely believed he was acting for the public good when he leaked his report on the prosecution of Bruce Lehrmann to two journalists before it was made public, the federal court has heard.
Hearings began on Monday into Sofronoff's legal challenge to findings by the Australian Capital Territory's corruption watchdog that he had engaged in 'serious corrupt conduct' by leaking the report of his investigation into the Lehrmann case to Janet Albrechtsen at the Australian and Elizabeth Byrne at the ABC, ahead of its official release.
There was 'overwhelming evidence that Mr Sofronoff genuinely believed he was acting in the public good', and attempting to aid accuracy of media reportage, his counsel Adam Pomerenke KC told the court.
'Even if Mr Sofronoff was wrong in his view, the fact remains that he genuinely and honestly held it. This is not a corrupt, dishonest or malicious motive. At worst, it could be characterised as an erroneous attempt to ensure accuracy and transparency in public discourse. That cannot rationally be described as corrupt,' Pomerenke said.
Bruce Lehrmann was accused of raping Brittany Higgins in the ministerial office of senator Linda Reynolds at Parliament House in 2019. He denied those allegations. A 2022 criminal trial was aborted because of juror misconduct, and prosecutors decided against a re-trial.
Sofronoff was appointed by the ACT government to determine whether the investigation into the aborted Lehrmann trial had been affected by political influence or interference. His report ruled out political influence or interference but made 'serious findings of misconduct' against prosecutor Shane Drumgold, which were partially overturned in March 2024.
The ACT Integrity Commission launched an investigation in May 2024 to determine whether Sofronoff acted corruptly in leaking the confidential documents.
The commission's findings, known as the Juno report, said Sofronoff claimed his conduct 'complied with the requirements of the Inquiries Act' and that, in leaking the documents, he had 'acted in the public interest to ensure the media were adequately informed' about his inquiry and 'in a position to comment accurately' about it.
The commission found that Sofronoff 'had not, in fact, acted in good faith', that his actions 'undermined the integrity of the Board's processes and the fairness and probity of its proceedings to such an extent as to have been likely to have threatened public confidence in the integrity of that aspect of public administration. It therefore constituted serious corrupt conduct.'
Sofronoff rejected a characterisation by the ACT Integrity Commission in its findings that he had become 'a fellow traveller' of Albrechtson, Pomerenke told the court.
The phrase was first used to describe Sofronoff by Justice Stephen Kaye when finding in March 2024 that Sofronoff's extensive communications with Albrechtson had given rise to an impression of bias against prosecutor Shane Drumgold during the inquiry into the Lehrmann trial.
The concept of the 'fellow traveller' being redeployed in the context of the Juno report was 'simply unrecognisable'; it was 'a meaningless slogan' with no clear definition, and 'seriously problematic' when used in that way, Pomerenke told the court on Monday.
'What is it supposed to mean? Is it that Mr Sofronoff shared an actual opinion or belief [with Janet Albrechtson]? If so, what is the opinion or belief that he actually shared? None is identified. And how could that opinion or belief rationally lead Mr Sofronoff to sacrificing the public interest in pursuit of the unidentified opinion or belief that he held?'
Even if one vehemently disagreed with what Sofronoff did, it should not be described as corrupt, Pomerenke told the court.
Sofronoff is seeking to have the finding of the corruption watchdog overturned partly on the basis of what he claims are a series of errors – an argument that turns on the interpretation of what constitutes 'serious corrupt conduct' in the integrity commission act – and on a lack of evidence that he leaked the report with malicious intent, the court heard.
The ACT Integrity Commission failed in May in an attempt to have Sofronoff's challenge to the report nixed on the grounds that it was subject to parliamentary privilege.
The hearing continues.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Ukraine-Russia war latest: Anti-corruption protests target Zelensky in Kyiv ahead of crucial peace talks
Ukraine-Russia war latest: Anti-corruption protests target Zelensky in Kyiv ahead of crucial peace talks

The Independent

time3 minutes ago

  • The Independent

Ukraine-Russia war latest: Anti-corruption protests target Zelensky in Kyiv ahead of crucial peace talks

Anti-government protests have broken out in Kyiv as hundreds flocked to the streets to oppose a decision to curb the powers of two anti-corruption agencies. Ukraine has toughened restrictions on the National Anti-Corruption Bureau of Ukraine and the Specialised Anti-Corruption Prosecutor's Office. Amendments approved by Volodymyr Zelensky's party yesterday have rolled back the agencies' autonomy in favour of tighter executive control, a move the Ukrainian president says is needed to rid the organisations of 'Russian influence'. Angry protesters held signs reading 'F*** corruption' and 'Corruption = Death' while chanting 'Ukraine is not Russia'. Vitali Klitschko, the mayor of Kyiv and a prominent political opponent of Mr Zelensky, was among the protesters. Marta Kos, the EU's enlargement commissioner, said the move was a 'serious step back' for Kyiv's membership hopes, while French European affairs minister Benjamin Haddad said it 'not too late' for Kyiv to reverse the decision. It comes as a third round of talks is set to take place in Istanbul, Turkey after previous summits in May and June failed to yield any results, except agreement on swapping prisoners of war. Russian forces launched 71 Shahed drones at Ukraine overnight, Kyiv's air force has said. A total of 26 drones struck their targets but the rest failed to reach their destination. Here is what the air force said in its morning report, according to Ukrainska Pravda: As of 09:00, air defence systems have shot down or jammed 27 Russian Shahed-type UAVs (and other types) in the north, east and centre of the country. Another 18 UAVs disappeared from radar or were suppressed by electronic warfare. A total of 26 UAV impacts were recorded in 14 locations and debris from downed drones fell in five locations. Drones were launched from Russia's Kursk, Millerovo and Primorsko-Akhtarsk regions, and targeted Ukraine's Dnipropetrovsk, Sumy, Kharkiv and Cherkasy regions, the air force added. Alex Croft23 July 2025 09:15 In pictures: Russia carries out 'July Storm' Navy test Alex Croft23 July 2025 08:43 France calls on Ukraine to reverse decision on anti-corruption agencies We've just heard from Benjamin Haddad, France's European Affairs minister, who said it is not too late for Ukraine to reverse its decision to roll back the autonomy of two anti-corruption agencies at the centre of the country's reform drive. Amendments passed yesterday grant the general prosecutor, appointed by the president, strict control over the National Anti-Corruption Bureau of Ukraine and the Specialised Anti-Corruption Prosecutor's Office, several lawmakers said. The decision by Ukraine's executive has prompted protests in Kyiv and other cities across the country "It is not too late to go back on this," Haddad told France Inter radio. "We will be extremely vigilant on the subject." Alex Croft23 July 2025 08:17 Russia begins major 'July Storm' navy drill with 15,00 troops Russia has began huge navy drills with more than 150 vessels and 15,000 troops in the Pacific and Arctic Oceans, the defence ministry said. The 'July Storm' exercise will test the readiness of Russia's fleet for non-standard operations, including the use of long-range weapons and other advanced technologies, the ministry said. "At sea, the crews of the ships will practice deployment to combat areas, conducting anti-submarine operations, defending areas of deployment and economic activity,' it added. The will also practice "repelling attacks by air attack weapons, unmanned boats and enemy drones, ensuring the safety of navigation, striking enemy targets and naval groups'. More than 120 aircraft will take part and 10 coastal missile systems, the ministry said. Navy chief, Admiral Alexander Moiseev, will lead the exercise. Russia has the world's third most powerful navy after China and the United States, according to most public rankings, though the navy has suffered a series of high-profile losses in the Ukraine war. Alex Croft23 July 2025 07:47 Ukraine's military loses first French Mirage fighter jet in crash A Mirage 2000 fighter jet supplied to Ukraine from France crashed yesterday after experiencing equipment failure during an assignment, with the pilot ejecting safely, Ukraine's military said. It was the first loss of a Mirage jet since Ukraine's military started receiving them earlier this year. "Equipment failure occurred, which the pilot reported to the flight controller," a military statement said on Telegram. "The pilot then acted competently, as is expected in crisis situations, and successfully ejected. A rescue crew found the pilot in a stable condition. There were no casualties on the ground." Ukrainian news reports said the incident occurred in the northwestern Volyn region. Ukraine's military announced the arrival of the first batch of Mirage aircraft in February. Arpan Rai23 July 2025 07:15 Zelensky offers to meet Putin as Russia casts doubt on peace talks Ukrainian president Volodymyr Zelensky has renewed his call to meet Russian president Vladimir Putin face to face as Russia cast doubt on fresh peace talks being held this week. Mr Zelensky said Ukraine was working to 'prepare a leaders' meeting aimed at truly bringing this war to an end', as the Kremlin said it did not expect any breakthroughs from fresh negotiations being held in Istanbul on Wednesday. 'Our position is fully transparent. Ukraine never wanted this war, and it is Russia that must end the war that it started,' the Ukrainian president said. In May, Mr Zelensky challenged the Russian leader to meet him, saying he would be waiting in Turkey for him 'personally'. But on Tuesday, Kremlin spokesperson Dmitry Peskov said Russia was unlikely to agree to a peace deal and would continue 'pursuing our interests'. Arpan Rai23 July 2025 06:59 Ukraine military intelligence chief posts cryptic message after law on anti-corruption agencies passed Ukraine's military intelligence chief Kyrylo Budanov shared a cryptic message warning against infighting on his Telegram after Ukraine cleared a new law threatening the autonomy of the country's anti-corruption bodies. "Ukrainian history has taught us — a nation loses if it is torn apart by internal contradictions," Mr Budanov wrote in a post on his Telegram channel. "We have one common trouble, one enemy. Therefore, internal contradictions should be resolved through open dialogue to achieve a single common goal — to defend our country. I am confident that Ukraine will be saved by a strong military and institutions," Mr Budanov said. Arpan Rai23 July 2025 06:57 Russia says 33 Ukrainian drones destroyed overnight Russia's air defence systems destroyed 33 Ukrainian drones overnight in six regions, the Russian defence ministry said on its Telegram channel this morning. Most of these drones were downed near the border region between Ukraine and Russia, the ministry said. Arpan Rai23 July 2025 06:29 Ukraine allies looking for solutions in EU on Patriots, German minister says Ukraine's allies are looking to see whether some member states in the European Union could supply Ukraine with five Patriot missile defence systems, of which Germany is willing to finance two, Germany's defence minister Boris Pistorius said this morning. Mr Pistorius said Germany would have been willing to give two of its own systems to Ukraine but needed reassurance that it could replace them within six to eight months. "We are now looking for solutions that will allow us to identify Patriot systems in member states in Europe," he said. "So, it's not hopeless, but the prerequisite is that countries that have them are prepared to hand them over now so that others can pay for them and they can go to Ukraine," he added. Arpan Rai23 July 2025 06:14 Zelensky issues remarks after parliament votes on anti-corruption bodies In his nightly video address, issued well after midnight, Volodymyr Zelensky said he had spoken to National Anti-Corruption Bureau of Ukraine chief Semen Kryvonos and other top prosecutors. Anti-corruption bodies, he said, would continue to function "but without any Russian influence. It all must be cleansed.' "There must be more justice. Of course, NABU and SAPO [Specialised Anti-Corruption Prosecutor's Office] will continue their work," he said. "It's also important that the prosecutor general be committed to ensuring real accountability for those who break the law. This is what Ukraine truly needs." Mr Kryvonos had urged the Ukrainian president not to sign the fast-tracked bill, which he called an attempt to "destroy" Ukraine's anti-corruption infrastructure. Arpan Rai

Massive protests sweep Kyiv over corruption reform in biggest challenge to Zelensky since Putin's invasion of Ukraine
Massive protests sweep Kyiv over corruption reform in biggest challenge to Zelensky since Putin's invasion of Ukraine

The Sun

time4 minutes ago

  • The Sun

Massive protests sweep Kyiv over corruption reform in biggest challenge to Zelensky since Putin's invasion of Ukraine

MAJOR protests have started to sweep across Ukraine after President Volodymyr Zelensky signed a controversial corruption bill. Critics fear the new law may weaken the country's anti-corruption bodies by stripping the two main organisations in the embattled nation of their independence. 9 9 9 9 Zelensky addressed the criticism he has faced in recent days but assured his fellow country men and women that both agencies would still "work" as usual. He warned that the bill needed to be passed in order to clear the National Anti-Corruption Bureau (NABU) and the Specialised Anti-Corruption Prosecutor's Office (SAPO) of "Russian influence". The offices of the two agencies were raided by Ukraine's security services on Monday after infiltration allegations from Moscow emerged. All corruption cases in Ukraine will now placed under the control of the prosecutor general, Ruslan Kravchenko. Zelensky says this will allow criminal proceedings, sometimes worth in the billions, to be investigated quicker. He claims that the current anti-corruption infrastructure often allows for important cases to be left "lying dormant" for years. The President added that the prosecutor general would ensure "the inevitability of punishment" for those who broke the law. But many civilians strongly disagreed with his beliefs saying the bill now gives Zelensky ultimate power over independent bodies. After the bill passed, thousands of people came together in the capitla of Kyiv to take part in the biggest anti-government protest since the start of Russia's barbaric invasion in February 2022. Dmytro Koziatynskyi, a war veteran, is said to have first rallied Kyiv residents on Tuesday. Why Putin's $1 TRILLION military surge is just 'smoke and mirrors' - and even the tyrant knows it He urged people to gather at the square near the Ivan Franko Theatre due to it being "the closest viable spot to the President's Office". He announced plans on social media as he said: "Time is not on our side. "We must take to the streets tonight and urge Zelensky to prevent a return to the dark days of Yanukovych. See you this evening!" Lviv, Dnipro and Odesa also saw demonstrations overnight. The protests remained peaceful throughout despite an increased police presence across Ukraine. Many took homemade placards with messages directed towards the government. One read: "We chose Europe, not autocracy." Another said: "My father did not die for this." 9 9 9 Kyiv mayor and former world heavyweight champion, Vitali Klitschko, was among the protesters. He has clashed with Zelensky on dozens of occasions since becoming mayor as he told reporters on the ground: 'Sapo and Nabu must remain independent institutions." The issue is due to continue to rage on for some time after the Ukrainian parliament voted for the law on July 22. It was swiftly approved by the speaker shortly afterwards. The heads of NABU and SAPO quickly implored President Zelensky to go back on the decree. The issue of anti-corruption independence in Ukraine has also branched out across Europe in the past 24 hours. Several G7 ambassadors voiced their concerns over the bill. The European Union also warned against Ukraine's making any hasty judgements. What are Zelensky's controversial reforms? PRESIDENT Volodymyr Zelensky has signed into law a new bill surrounding the independence of Ukraine's two key anti-corruption institutions. The bill was passed with the support of 263 lawmakers, with 13 voting against it and 13 abstaining. The new law now brings the independent National Anti-Corruption Bureau of Ukraine and the Special Anti-Corruption Prosecutor's Office under the lead of the prosecutor general of Ukraine, Ruslan Kravchenko. Ruslan is now able to transfer cases from the agencies and reassign prosecutors. Zelensky believes the change will speed up the process of finalising cases as well as stamp out any alleged Russian influence. But the head of NABU says the bill will "destroy" Ukraine's anti-corruption infrastructure. 9 9

Anti-Zelensky protests erupt in Ukraine over 'controversial' bill
Anti-Zelensky protests erupt in Ukraine over 'controversial' bill

Daily Mail​

time4 minutes ago

  • Daily Mail​

Anti-Zelensky protests erupt in Ukraine over 'controversial' bill

Ukrainian President Volodymyr Zelensky has sparked outrage after quietly signing a controversial bill that slashes the independence of the nation's top anti-corruption bodies. The law, passed under the radar in a late-night signature on Tuesday, was confirmed on the official website of the Verkhovna Rada, Ukraine's parliament. It hands sweeping new powers to the Prosecutor General's Office, allowing it to seize control of high-profile corruption investigations from the country's fiercely independent watchdogs - the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialised Anti-Corruption Prosecutor's Office (SAPO). No senior official has publicly commented on the reason for Tuesday's amendments, which would allow the general prosecutor to transfer cases from the agencies and reassign prosecutors. NABU chief Semen Kryvonos had urged Zelensky not to sign the fast-tracked bill, which he described as an attempt to 'destroy' Ukraine's anti-corruption infrastructure. Hundreds of furious demonstrators, many of them young, poured into the streets in Kyiv in response, staging a defiant protest despite a nationwide martial law ban on public gatherings. An estimated 2,000 to 3,000 people gathered near the Ivan Franko Theatre in the heart of the capital, just steps from the presidential compound. 'They are crying that they do not want to return to the times of [former President Viktor] Yanukovych' Kyiv Post reporter Sergii Kostezh said. 'They do not want to return to the times of pro-Russian governance in Ukraine.' The bill - known as No. 12414 - was pushed through parliament at breakneck speed, tucked away in amendments to unrelated legislation in what opponents are calling a deliberate attempt to avoid scrutiny. Lawmaker Yaroslav Zheleznyak, a vocal critic of the move, alleged on Telegram that Zelensky signed the bill almost immediately after its approval by MPs. 'They don't care about protests,' he wrote. The move has left many stunned, particularly given Ukraine's ongoing war with Russia and its efforts to secure Western support. The independence of NABU and SAPO had long been seen as a litmus test for Ukraine's commitment to democratic reform. The protest - the largest of its kind since Russia's full-scale invasion in 2022 - has ignited fears that the government may be sliding into authoritarian habits just as the county battles for survival. And with Ukraine's Western allies closely watching Kyiv's reform efforts, questions are now swirling over whether Zelensky's latest move will jeopardise international support. Writing on X, EU enlargement commissioner Marta Kos said she was 'seriously concerned' by Tuesday's vote. 'The dismantling of key safeguards protecting NABU's independence is a serious step back,' she said, adding that rule of law was at 'the very center' of accession talks. But Zelensky backed his decision, taking to X to confirm he had conversed with NABU Director Semen Kryvonos, SAPO Prosecutor Oleksandr Klymenko, Prosecutor General Ruslan Kravchenko, and Head of the Security Service of Ukraine Vasyl Maliuk to 'discuss various challenges'. 'The anti-corruption infrastructure will work. Only without Russian influence, it needs to be cleared of that,' he said. 'And there should be more justice. Of course, NABU and SAPO will work. And it is important that the Prosecutor General is determined to ensure that in Ukraine the inevitability of punishment for those who go against the law is actually ensured. 'This is what Ukraine really needs. The cases that have been lying dormant must be investigated. 'For years, officials who have fled Ukraine have been casually living abroad for some reason – in very nice countries and without legal consequences – and this is not normal. There is no rational explanation for why criminal proceedings worth billions have been "hanging" for years. And there is no explanation why the Russians can still get the information they need. 'Important is – without Russians. Important is to have an inevitability of punishment and that society really sees it'. NABU and SAPO were established after the 2014 Maidan revolution that toppled a pro-Russian president and set Kyiv on a Western course. The two agencies have stepped up their work during the war, leveling charges against lawmakers, ministers, and a former deputy head of Zelensky's administration. Anti-graft campaigners have been alarmed since authorities charged a top anti-corruption activist this month with fraud and evading military service. Critics have cast those charges as political retribution for exposing corrupt officials. The government has also faced criticism for rejecting the candidacy of an economic security chief and current NABU detective who was unanimously backed by an internationally supervised committee. A Western diplomat familiar with Ukraine's reform effort described the developments as 'the most dangerous moment' yet for the independence of anti-corruption authorities. 'The Ukrainian side is testing the limits more and more,' the person said, referring to the patience of Kyiv's allies. Many influential Ukrainians lashed out on social media after Tuesday's vote, saying it was a betrayal of Ukraine's decade-long geopolitical ambition. Fighting corruption is seen as critical to erasing a legacy of Russian rule, a sentiment echoed at the protest in Kyiv.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store