21-07-2025
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.
