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Inquiry chair’s texts with journalist ‘not appropriate’, court told
Lawyers for former DPP Shane Drumgold have questioned why Walter Sofronoff would need to have private communications with a journalist if the rest of his engagement with media was above board.
Naomi Neilson
During the board of inquiry set up to examine the abandoned criminal trial of Bruce Lehrmann, chair Walter Sofronoff and counsel assisting made it clear they would be engaging with media.
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In addition to a “media distribution list” and setting up the live stream, the ACT Supreme Court heard on Thursday (15 February) Mr Sofronoff also gave journalists opportunities to meet with him in groups to discuss and explain matters outside the inquiry.
Counsel for Mr Drumgold, Dan O’Gorman, said there was “no issue” with this transparent communication with the media, but there was “absolutely no such transparency” in the way Mr Sofronoff allegedly engaged with The Australian journalist Janet Albrechtsen.
“Nowhere is there any evidence to suggest that private communications of the type engaged in between Mr Sofronoff and Ms Albrechtsen was appropriate,” Mr O’Gorman alleged.
On Tuesday (13 February), Mr O’Gorman said that out of the 91 calls Mr Sofronoff had with journalists, 51 of those were with Ms Albrechtsen, and out of the total 13 hours and 37 minutes he spent on the phone with media, over 11 hours were with The Australian.
Mr O’Gorman said that on at least two occasions, Ms Albrechtsen made a media request of Mr Sofronoff over private text message.
Despite this being approved over text message, Ms Albrechtsen would then send the same request to the inquiry’s email.
Mr O’Gorman also took issue with Ms Albrechtsen not appearing on the media distribution list and meeting Mr Sofronoff for lunch.
“It begs a number of questions, such as why Ms Albrechtsen emailed … when other journalists went through [a media contact], why wasn’t she on the media distribution list, why did Mr Sofronoff feel the need to text her directly … what was so special about her?
“This is another example of Mr Sofronoff treating Ms Albrechtsen very differently from everyone else,” Mr O’Gorman said.
During Thursday’s submissions, Mr O’Gorman also referred to what he alleged was a “contentious” message Mr Sofronoff sent to Ms Albrechtsen days before Mr Drumgold was in the witness box.
In it, Mr Sofronoff wrote: “What a thing to do to two young professionals under your mentorship.”
This was in reference to the inquiry learning Mr Drumgold had directed a junior lawyer to falsify an affidavit.
Responding to counsel Justin Greggery – who appeared for members of the Australian Federal Press – and his submissions the text messages were not contentious, Mr O’Gorman said that “it was contentious then and remains contentious to this day”.
Mr O’Gorman also responded to criticisms he suggested Ms Albrechtsen’s conduct was inappropriate, telling the court he does not “in any way, shape or form categorise Ms Albrechtsen’s behaviour”.
Instead, Mr O’Gorman said he is dealing with what the fair-minded lay observer may make of her interactions with Mr Sofronoff.
He said this is especially in the context of Ms Albrechtsen’s articles, which he alleged were “adverse” of Mr Drumgold but supportive of Mr Lehrmann.
“Our submission is they would interpret these articles as a series of articles written by somebody whose opinions are strongly adverse to Mr Drumgold,” Mr O’Gorman said.
The hearing has concluded and will return for judgment at a later date.
