‘Admitted errors': Bombshell claim about Sofronoff report
Former Queensland judge Walter Sofronoff KC chaired the Board of Inquiry into the criminal prosecution of Mr Lehrmann.
The ACT Integrity Commission investigated Mr Sofronoff's conduct during his inquiry, in particular his decision to send a copy of the board's report to journalists from The Australian and ABC prior to its official release by the ACT government.
The Commission in March found Mr Sofronoff had engaged in 'serious corrupt conduct', however he is now seeking to have the Operation Juno report overturned by the Federal Court.
During a hearing in the Federal Court on Tuesday, Justice Wendy Abraham was told that lawyers for the Speaker of the ACT Legislative Assembly had argued that the report was covered by parliamentary privilege.
That would mean that the report would not be able to be tendered to the court and therefore he could not seek judicial review.
'It follows that if the speaker's submissions are accepted, the court should refuse to admit the Operation Juno report and it seems to follow inevitably that the court would therefore refuse to entertain the allegations that have been made in the amended originating application,' barrister Alison Hammond, appearing for the speaker, told the court on Tuesday.
'And it would appear that the result would be that the proceedings are dismissed.'
Documents filed by his legal team claim 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.
Mr Sofronoff said he 'subjectively considered that it was necessary or convenient for the fair and prompt conduct of the inquiry for him to engage with journalists'.
The documents also claim the retired judge's actions were 'incapable of amounting to corrupt conduct' and the findings were 'seriously illogical, irrational and/or unreasonable'.
Adam Pomerenke KC, acting for Mr Sofronoff, told the court that it had been conceded by the ACT Integrity Commission that the report contained errors.
'Your Honour may see from the respondent's submissions that ground two of the application has been conceded - that is to say there is now an admission of error in the report and it's significant,' Mr Pomerenke said.
'It is an admission that the finding that Mr Sofronoff's conduct could have constituted a contempt of court was not open, was unlawful.
'If our learned friends are right about the operation of parliamentary privilege, this court is powerless to address that error which we say is of a jurisdictional kind.'
He said it would be 'most surprising' if such a report - which contains 'admitted errors of a serious kind' - was immune from judicial review.
The court heard it was argued that the report came under parliamentary privilege at the point when it was submitted to the speaker.
And Ms Hammond argued that the findings could have been challenged before the report was handed over.
Justice Abraham asked: 'These proceedings were filed on the 19th of March. If they had been filed on the 17th of March it wouldn't be a problem?'
'Yes, Your Honour. But there is a good reason for the bright-line distinction,' Ms Hammond replied.
Justice Abraham will hand down her judgment on the parliamentary privilege matter at a later date.
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"I'm standing firm on his shoulders," he says. "If we come to winning this case, this is a victory for my family and communities on Boigu and all the community around the country and around the world." As much as this is about the people who came before and protecting what they've left, Mr Pabai says his two-year-old son and the generations to come, in the Torres Strait and further afield, are front of mind. "My main focus is on the new generation," he says. "This is why I'm doing it - for the love of my son, for all the people in my community in the Torres Strait, for bushfire and flood survivors, for the farmers and the children and grandchildren." No matter the legal outcome, Mr Kabai says he believes the action he and Mr Pabai have taken will make a difference. "We will be very proud, even if we win or if we lose," he says. "The government is listening now, they know what is happening and they must do something about climate change." Uncle Paul Kabai and Uncle Pabai Pabai are afraid for the future of their ancestral homelands. Their Country on the outer islands of Zenadth Kes (Torres Strait), less than 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. The two men fear the loss of their islands, their culture and their way of life, forcing their families and communities to become Australia's first climate refugees. The Uncles have taken the federal government to court in the Australian Climate Case, seeking orders which would require the Commonwealth to undertake steps to prevent further harm to their communities. This would include cutting greenhouse gas emissions in line with the best available science. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. On Tuesday, the Federal Court is due to make a decision in the case and the men hold hope that their fight might safeguard the future of their people. Mr Pabai and Mr Kabai launched the action against the federal government in 2021. They are arguing that the Commonwealth owes a duty of care to Torres Strait Islanders to take reasonable steps to protect them from harm. During on-country hearings in 2023, witnesses described how devastating their loss of culture due to climate change had been. "We don't want to be climate refugees," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai remembers a time when his family would hunt, fish and eat produce from gardens grown by the community. But that has all changed, he says. The beaches on his island - Saibai - have receded, turning to mud and mangroves. Its river system is inundated with saltwater and, alarmingly, even the island's cemetery has been impacted by flooding. "Even our cultural sites are being destroyed by rising seas," he laments. "We're both very worried about what we are losing, our hunting grounds are being destroyed by strong currents. "Where can we show our culture to the younger generation?" he asks. "In this way we are losing our culture, everything that belongs to our ancestors." Drawing closer to a decision in the case is a significant milestone for Mr Pabai and Mr Kabai. It has been an emotional journey for them, their communities and supporters but as the Uncles approach the end of this battle, they hold close the reasons they began such a long fight. Pointing to the example of fellow Torres Strait Islander Eddie Mabo whose lifetime of campaigning resulted in a landmark High Court ruling, recognising the rights of First Nations people to their lands, countering the idea of 'terra nullius' asserted by the British at colonisation, Mr Pabai says the battle has been waged for his ancestors. "I'm standing firm on his shoulders," he says. "If we come to winning this case, this is a victory for my family and communities on Boigu and all the community around the country and around the world." As much as this is about the people who came before and protecting what they've left, Mr Pabai says his two-year-old son and the generations to come, in the Torres Strait and further afield, are front of mind. "My main focus is on the new generation," he says. "This is why I'm doing it - for the love of my son, for all the people in my community in the Torres Strait, for bushfire and flood survivors, for the farmers and the children and grandchildren." No matter the legal outcome, Mr Kabai says he believes the action he and Mr Pabai have taken will make a difference. "We will be very proud, even if we win or if we lose," he says. "The government is listening now, they know what is happening and they must do something about climate change." Uncle Paul Kabai and Uncle Pabai Pabai are afraid for the future of their ancestral homelands. Their Country on the outer islands of Zenadth Kes (Torres Strait), less than 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. The two men fear the loss of their islands, their culture and their way of life, forcing their families and communities to become Australia's first climate refugees. The Uncles have taken the federal government to court in the Australian Climate Case, seeking orders which would require the Commonwealth to undertake steps to prevent further harm to their communities. This would include cutting greenhouse gas emissions in line with the best available science. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. On Tuesday, the Federal Court is due to make a decision in the case and the men hold hope that their fight might safeguard the future of their people. Mr Pabai and Mr Kabai launched the action against the federal government in 2021. They are arguing that the Commonwealth owes a duty of care to Torres Strait Islanders to take reasonable steps to protect them from harm. During on-country hearings in 2023, witnesses described how devastating their loss of culture due to climate change had been. "We don't want to be climate refugees," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai remembers a time when his family would hunt, fish and eat produce from gardens grown by the community. But that has all changed, he says. The beaches on his island - Saibai - have receded, turning to mud and mangroves. Its river system is inundated with saltwater and, alarmingly, even the island's cemetery has been impacted by flooding. "Even our cultural sites are being destroyed by rising seas," he laments. "We're both very worried about what we are losing, our hunting grounds are being destroyed by strong currents. "Where can we show our culture to the younger generation?" he asks. "In this way we are losing our culture, everything that belongs to our ancestors." Drawing closer to a decision in the case is a significant milestone for Mr Pabai and Mr Kabai. It has been an emotional journey for them, their communities and supporters but as the Uncles approach the end of this battle, they hold close the reasons they began such a long fight. Pointing to the example of fellow Torres Strait Islander Eddie Mabo whose lifetime of campaigning resulted in a landmark High Court ruling, recognising the rights of First Nations people to their lands, countering the idea of 'terra nullius' asserted by the British at colonisation, Mr Pabai says the battle has been waged for his ancestors. "I'm standing firm on his shoulders," he says. "If we come to winning this case, this is a victory for my family and communities on Boigu and all the community around the country and around the world." As much as this is about the people who came before and protecting what they've left, Mr Pabai says his two-year-old son and the generations to come, in the Torres Strait and further afield, are front of mind. "My main focus is on the new generation," he says. "This is why I'm doing it - for the love of my son, for all the people in my community in the Torres Strait, for bushfire and flood survivors, for the farmers and the children and grandchildren." No matter the legal outcome, Mr Kabai says he believes the action he and Mr Pabai have taken will make a difference. "We will be very proud, even if we win or if we lose," he says. "The government is listening now, they know what is happening and they must do something about climate change." Uncle Paul Kabai and Uncle Pabai Pabai are afraid for the future of their ancestral homelands. Their Country on the outer islands of Zenadth Kes (Torres Strait), less than 10 kilometres off Papua New Guinea, is under siege from the impacts of climate change. The two men fear the loss of their islands, their culture and their way of life, forcing their families and communities to become Australia's first climate refugees. The Uncles have taken the federal government to court in the Australian Climate Case, seeking orders which would require the Commonwealth to undertake steps to prevent further harm to their communities. This would include cutting greenhouse gas emissions in line with the best available science. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. On Tuesday, the Federal Court is due to make a decision in the case and the men hold hope that their fight might safeguard the future of their people. Mr Pabai and Mr Kabai launched the action against the federal government in 2021. They are arguing that the Commonwealth owes a duty of care to Torres Strait Islanders to take reasonable steps to protect them from harm. During on-country hearings in 2023, witnesses described how devastating their loss of culture due to climate change had been. "We don't want to be climate refugees," Pabai Pabai, who has spent his life on the low-lying island of Boigu, tells AAP. Paul Kabai remembers a time when his family would hunt, fish and eat produce from gardens grown by the community. But that has all changed, he says. The beaches on his island - Saibai - have receded, turning to mud and mangroves. Its river system is inundated with saltwater and, alarmingly, even the island's cemetery has been impacted by flooding. "Even our cultural sites are being destroyed by rising seas," he laments. "We're both very worried about what we are losing, our hunting grounds are being destroyed by strong currents. "Where can we show our culture to the younger generation?" he asks. "In this way we are losing our culture, everything that belongs to our ancestors." Drawing closer to a decision in the case is a significant milestone for Mr Pabai and Mr Kabai. It has been an emotional journey for them, their communities and supporters but as the Uncles approach the end of this battle, they hold close the reasons they began such a long fight. Pointing to the example of fellow Torres Strait Islander Eddie Mabo whose lifetime of campaigning resulted in a landmark High Court ruling, recognising the rights of First Nations people to their lands, countering the idea of 'terra nullius' asserted by the British at colonisation, Mr Pabai says the battle has been waged for his ancestors. "I'm standing firm on his shoulders," he says. "If we come to winning this case, this is a victory for my family and communities on Boigu and all the community around the country and around the world." As much as this is about the people who came before and protecting what they've left, Mr Pabai says his two-year-old son and the generations to come, in the Torres Strait and further afield, are front of mind. "My main focus is on the new generation," he says. "This is why I'm doing it - for the love of my son, for all the people in my community in the Torres Strait, for bushfire and flood survivors, for the farmers and the children and grandchildren." No matter the legal outcome, Mr Kabai says he believes the action he and Mr Pabai have taken will make a difference. "We will be very proud, even if we win or if we lose," he says. "The government is listening now, they know what is happening and they must do something about climate change."
