Inquiry finds appointment of Fiji's former corruption commissioner "ethically reprehensible" and "politically motivated"
The former head of Fiji's corruption watchdog, Barbara Malimali, says she'll fight to clear her name following a scathing inquiry which described her appointment as ethically reprehensible and plitically motivated.
The leaders of Tonga and Vanuatu seek clarity from the US government over possible new travel bans.
The Cook Islands compete in the 2025 International Handball Federation Youth Men's Beach Handball World Championships.
Calls for labour hire companies to be licenced in New South Wales to prevent the exploitation of migrant workers.
And a proposal for a Solomon Islands Indigenous Language Centre is touted as a way to retain traditional languages for future generations.
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News.com.au
a day ago
- News.com.au
Walter Sofronoff fights against corruption findings during inquiry into Bruce Lehrmann's prosecution
Lawyers have rejected suggestions a corrupt motive could've driven a former judge to prematurely send out copies of a report into the prosecution of Bruce Lehrmann to journalists, arguing 'at worst' it was an 'erroneous attempt' to ensure accuracy in public discourse. Former Queensland judge Walter Sofronoff KC led the 2023 board of inquiry into Mr Lehrmann's prosecution over the alleged rape of Brittany Higgins. A subsequent investigation into Mr Sofronoff's conduct during that inquiry, in particular his decision to send a copy of the board's report to two journalists – ABC's Elizabeth Byrne and The Australian's Janet Albrechtsen – prior to its official release by the ACT government, was launched by the ACT Integrity Commission. The commission in March found Mr Sofronoff had engaged in 'serious corrupt conduct'; however, he is seeking to have the commission's Operation Juno report overturned by the Federal Court. Barrister Adam Pomerenke SC argued there was 'overwhelming evidence' Mr Sofronoff genuinely believed he was acting in the good of the public to ensure accurate media reporting by sending out the report to the journalists – an essential part of his role investigating a matter of public interest. Therefore, his conduct couldn't amount to having a corrupt, dishonest, or malicious motive, regardless of whether reasonable people disagreed with Mr Sofronoff's views. 'In my respectful submission those views of Mr Soffronoff are not rationally capable of amounting to a corrupt dishonest or malicious motive,' Mr Pomerenke told the court. 'A person can be wrong without being negligent, much less corrupt, dishonest or malicious.' He said even if Mr Sofronoff was 'wrong', he genuinely and honestly held his view. 'At worst, it could be characterised as an erroneous attempt to ensure accuracy and transparency in public discourse, and an attempt at accuracy and transparency in public discourse cannot rationally, in my respectful submission, be described as corrupt,' Mr Pomerenke said. 'Even if one vehemently disagrees with what Mr Soffronoff did, that statute does not authorise a misuse of language by describing it as corrupt.' This fell under Mr Sofronoff's sixth ground of appeal, which claims the commission's finding that his conduct was a 'breach of public trust' is affected by jurisdictional error. Further, Mr Pomerenke argued an error by the commission in finding Mr Sofronoff had engaged in contempt was a 'serious offence against the administration of justice' and cannot be 'disentangled' from the conclusion of serious corrupt conduct. He also claimed the Juno report couldn't be 'saved by reconstruction'. 'Our submission is given this entanglement, the conclusion of serious corrupt conduct is affected by jurisdictional error because its material …(there's a) realistic possibility that the conclusion could have been different if the respondent had not wrongly found that Mr Sofronoff could have committed a serious offence of contempt,' Mr Pomerenke said. 'And as I say if this is the right … serious corrupt conduct cannot stand.' Turning to the other grounds of appeal, he claimed if any of the first 11 grounds were established, they couldn't be 'disentangled' from the 12th ground relating to the finding of corrupt conduct itself, as each error was 'bound up in the rolled up conclusion of serious corrupt conduct'. 'Your Honour can't have regard to one error in isolation,' Mr Pomerenke said. 'Each additional error we establish beyond the concession in ground two fortifies that conclusion that … there was jurisdictional error, entitling Mr Sofronoff to relief.' He also argued there was a 'basic misuse of language' and a 'distortion' of the concept of corruption by the commission in interpreting 'integrity' as meaning soundness or efficacy as distinct from probity of government or public administration. 'In our respectful submission that's not correct: it seriously dilutes and distorts the very notion of corruption, which has probity at its heart,' Mr Pomeranke said. 'On the respondent's approach, it can include findings in its reports which stigmatise conduct as corrupt even though it is disconnected from probity in government or public administration.' Documents filed by the retired judge's legal team claim that Mr Sofronoff was given the ability to do 'whatever (he) considers necessary or convenient for the fair and prompt conduct of the inquiry' as head of the inquiry, and he considered it necessary or convenient to engage with journalists 'for the fair and prompt conduct of the inquiry'. The documents also claim Mr Sofronoff's actions were 'incapable of amounting to corrupt conduct' and the findings were 'seriously illogical, irrational and/or unreasonable'. The Federal Court has found that Mr Lehrmann raped Ms Higgins on the civil standard of the balance of probabilities. A criminal trial was aborted due to juror misconduct and a charge against him was dropped. Mr Lehrmann has always denied the allegation and is appealing the Federal Court's finding.
ABC News
a day ago
- ABC News
Federal Court hears Walter Sofronoff's actions during Bruce Lehrmann prosecution inquiry were 'genuine and honest'
Lawyers for the former judge who chaired the inquiry into the prosecution of Bruce Lehrmann have argued while his conduct may have been wrong, it did not amount to corruption. The ACT Integrity Commission made a finding of serious corrupt conduct against Walter Sofronoff, over his contact with journalists during the inquiry in 2023. It included his disclosure of confidential material to Janet Albrechtsen of The Australian, and of his final report to Ms Albrechtsen and the ABC's Elizabeth Byrne before it had officially been released by the ACT government. The Federal Court is hearing Mr Sofronoff's bid for a judicial review of the findings, after the Speaker of the ACT Legislative Assembly unsuccessfully argued the Commission's final report was protected by parliamentary privilege. Mr Sofronoff has argued he felt it necessary to engage with journalists the way he did "for the fair and prompt conduct of the inquiry". "Even if Mr Sofronoff was wrong in his view, the fact remains that he genuinely and honestly held it," barrister Adam Pomerenke said. "This is not a corrupt, dishonest, or malicious motive. Mr Pomerenke has argued the legislation allowed the Commission to comment on Mr Sofronoff's conduct without describing it as corrupt conduct. "It can still be the subject of findings, it can still be condemned in express terms," he said. Since Mr Sofronoff launched the case, the Commission has since conceded it was wrong in finding Mr Sofronoff may have committed an offence under section 36 of the Inquiries Act. The law makes it illegal to do something in a board of inquiry that would be deemed contempt of court if done in a court of record. He has argued this finding formed part of the "rolled up conclusion" that Mr Sofronoff's actions amounted to serious corrupt conduct. "This admitted error can't be disentangled from that conclusion," Mr Pomerenke said. The ACT government appointed Walter Sofronoff to lead the inquiry, after Bruce Lehrmann's criminal trial for the alleged rape of Brittany Higgins collapsed without a verdict. Mr Lehrmann was later found on the balance of probabilities to have raped Ms Higgins, as he lost a defamation case against Network Ten and journalist Lisa Wilkinson. He is appealing against that ruling. The hearing in the Federal Court before Justice Wendy Abraham continues.
ABC News
2 days ago
- ABC News
Is Palau about to accept third-country nationals from the US?
On the program today The government of Palau considers a request from the Trump administration to accept third-country nationals seeking asylum in the United States. Police in Papua New Guinea report destroyed bridges and stolen ballot boxes during a by-election in the country's highlands. Accommodation concerns ahead of the Pacific Islands Leaders Meeting in Honiara in September. The history-making Solomon Islands women's soccer team receive a hero's welcome on their return to Honiara after toppling Papua New Guinea in the OFC Nations Cup Final. And new archaeological research carried out in PNG has revealed women played a bigger role in information sharing than previously thought.
