Latest news with #corruptconduct
News.com.au
22-07-2025
- Politics
- News.com.au
Walter Sofronoff ‘unwise' but not ‘dishonest' when leaking documents to journalists during Bruce Lehrmann inquiry
A former judge who leaked details of an inquiry into Bruce Lehrmann's prosecution to reporters may have been 'unwise' but wasn't dishonest, lawyers have argued in a bid to overturn findings of 'serious corrupt conduct'. Former Queensland judge Walter Sofronoff KC led the 2023 board of inquiry into the prosecution of Mr Lehrmann 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. He also leaked documents, including witness statements subject to a non-publication order, drafts of the report, and notices of adverse findings about former director of public prosecutions Shane Drumgold – and two of Mr Drumgold's responses to those – to Albrechtsen. The commission in March found that 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. Scott Robertson SC, acting for the ACT Integrity Commission, said Mr Sofronoff had intentionally, and secretly, disclosed confidential material in reports without informing those he knew would have an interest, namely Mr Drumgold and the Chief Minister. He said Mr Sofronoff acted 'inconsistent' with the knowledge that certain material should be kept confidential other than to the board and relevant parties, including by giving Albrechtsen documents within the scope of a non-publication order with a note to say it was 'strictly confidential'. Mr Robertson also referred to adverse comments about Mr Drumgold given to Albrechtsen, including a 'very serious' finding that was, and proved to be, 'apt to destroy Mr Drumgold's career'. 'As sensitive and confidential documents go, it's hard to identify a more serious example,' Mr Robertson said. He used the examples to throw out arguments the commission had 'no evidence' to support findings that Mr Sofronoff acted dishonestly in making disclosures to Albrechtsen during the inquiry as well as giving the final report to Albrechtsen and Byrne after he handed it to the Chief Minister. However barrister Adam Pomerenke SC claimed that while Mr Sofronoff's actions could be considered 'unwise', Mr Robertson had not established the 'leap' to dishonesty. '(Mr Robertson) has not demonstrated dishonesty, and there is a difference between unwisdom and dishonesty,' Mr Pomerenke told the court. 'There is no evidence that Mr Sofronoff knew that Mr Drumgold or anyone else had an interest, a legal interest, in the nondisclosure of this material.' Justice Wendy Abraham suggested to Mr Sofronoff's lawyers that Mr Drumgold would've expected material from the inquiry to be kept private and not shared with those outside the board while the inquiry was ongoing. However, Mr Pomerenke held firm that there was a stark distinction between publication and disclosure. 'Even if (Mr Sofronoff) had by inference knowledge of a desire or an expectation on the part of Mr Drumgold, or even the Chief Minister, (that) the material not be disclosed, what is it that makes it actually dishonest to disclose it on condition it be kept confidential?' Mr Pomerenke said. 'It can be unwise … it's that leap (to dishonesty) that's not established.' Mr Drumgold resigned from the DPP in 2023 following the inquiry into Mr Lehrmann's prosecution. Mr Pomerenke on Monday argued that Mr Sofronoff genuinely believed he was acting in the public's interest to ensure accurate media reporting by sending out the report to the two journalists – an essential part of his role investigating a matter of public interest — and couldn't have had a corrupt, malicious or dishonest motive. He also denied that Mr Sofronoff preferred the interests of journalists over Mr Drumgold and the Chief Minister. 'From the way it was put in the Juno report itself, there is no evidence or suggestion of conscious preferment of the personal interests of the journalists over Mr Drumgold or the Chief Minister … Mr Sofronoff's state of mind is uniformly that Mr Sofronoff thought he was acting in the public interest,' Mr Pomerenke told the court. Mr Robertson rejected suggestions the former judge acted within the bounds of his role, and in the interest of accuracy in public discourse, when sending out the final report to the journalists. He argued that Mr Sofronoff ceased to be the board of inquiry upon delivering the report to the Chief Minister, and he'd therefore committed an unjustifiable 'plain breach' of his nondisclosure responsibilities. 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
22-07-2025
- Politics
- ABC News
Walter Sofronoff knew material shared during Bruce Lehrmann prosecution inquiry was confidential, Federal Court hears
Lawyers for the ACT Integrity Commission have rebuffed claims that some of its findings about Walter Sofronoff's conduct during the inquiry into Bruce Lehrmann's prosecution were legally unreasonable. The Federal Court has concluded a hearing into Mr Sofronoff's bid for a judicial review of the commission's report into his contact with journalists during the inquiry in 2023. The retired judge was found to have engaged in serious corrupt conduct, including by giving confidential material to Janet Albrechtsen of The Australian, and a copy of his final report to her and the ABC's Elizabeth Byrne before it was officially released. In his application to the court, Mr Sofronoff alleged that a range of findings that acted dishonestly or in bad faith were legally unreasonable, with no evidence to support them. But counsel for the commission, Scott Robertson, has argued there is ample evidence to support those conclusions. He pointed to Mr Sofronoff's communications with Ms Albrechtsen, including a text message in which he provided a witness statement with the note "strictly confidential". "Mr Sofronoff knew that this was material that should be kept confidential … consistent with his own suppression order," Mr Robertson told the court. "Those inferences haven't been demonstrated to be so far beyond the pale, so far off the rails, as to amount to legal unreasonableness." Walter Sofronoff has argued the legislation allowed him to do whatever he felt necessary for the fair and prompt conduct of the inquiry, and that he was acting in the public interest. Mr Robertson said this did not mitigate the finding of corrupt conduct. "It's not enough just to think … your purposes were higher purposes than those of your statutory function," he said. In his submissions in reply, Mr Sofronoff's barrister, Adam Pomerenke, argued non-publication orders did not prevent the inquiry chair from disclosing information, and the text message to Ms Albrechtsen did not indicate otherwise. "It's saying to Ms Albrechtsen: this is strictly confidential, binding on you, do not publish it," Mr Pomerenke told the court. Justice Wendy Abraham questioned Mr Pomerenke on whether disclosing the material was a breach of witnesses' expectations. "They would understand that it wouldn't be distributed, because it was confidential," Justice Abraham suggested. Mr Pomerenke replied that it was not a "legitimate expectation". He told the court the commission had demonstrated "the unwisdom of what was done". "But in our respectful submission, [it] has not demonstrated dishonesty," Mr Pomerenke said. The ACT government called the inquiry after the collapse of Bruce Lehrmann's 2022 criminal trial for the alleged rape of Brittany Higgins, which left no verdict. He later sued Network Ten and journalist Lisa Wilkinson for defamation over the interview in which Ms Higgins made her allegations. Justice Michael Lee found, on the balance of probabilities, Mr Lehrmann did rape his then-colleague at Parliament House in 2019. An appeal against that decision is due to be heard next month. Justice Abraham told the court she would not rule on Mr Sofronoff's application today. "Not surprisingly, I'm going to reserve my decision; I have plenty to think about," she said.
News.com.au
02-07-2025
- Politics
- News.com.au
Court rejects parliamentary privilege claim in Walter Sofronoff's bid to overturn corruption findings
Claims parliamentary privilege would prevent a report that found the head of an inquiry into the prosecution of Bruce Lehrmann engaged in 'serious corrupt conduct' from being tendered in court have been rejected by a court. Former Queensland judge Walter Sofronoff KC led the 2023 board of inquiry into Mr Lehrmann's prosecution. An 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 from the ABC and The Australian 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 in the Federal Court. Lawyers for the Speaker of the ACT Legislative Assembly in May submitted the proceedings should be dismissed over claims the report was covered by parliamentary privilege, meaning it couldn't be tendered in court. Therefore, the retired judge couldn't seek judicial review. Justice Wendy Abraham said she allowed the Speaker to make the submission but ultimately dismissed it on Wednesday morning during a brief case management hearing in the Federal Court. 'I am not satisfied that the conduct of the proceedings on the material on which the applicant seeks to rely involves an infringement of Section 16 of the Parliamentary Privilege Act,' Justice Abraham told the court. 'I'll provide reasons for that in my final judgment.' The matter is scheduled for a final hearing on July 21 and 22. Documents filed by his 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.
