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Judge rules on bias allegations against Lehrmann inquiry chair
A Supreme Court justice has determined whether findings made against top prosecutor Shane Drumgold were influenced by an inquiry chair’s relationship with a journalist.
Naomi Neilson
Justice Stephen Kaye of the ACT Supreme Court found inquiry chair Walter Sofronoff “might have been influenced by the views held and publicly expressed” by The Australian journalist Janet Albrechtsen.
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The court heard the two had 273 interactions while Sofronoff was heading an inquiry to establish whether Drumgold, the former ACT director of public prosecutions, had acted with “grossly unethical conduct” while he was prosecuting Brittany Higgins’ rape trial.
The trial was abandoned due to juror misconduct, and no findings have been made against political staffer Bruce Lehrmann.
In a report handed down in August last year, Sofronoff made “several serious findings of misconduct” against Drumgold.
Drumgold resigned soon thereafter but disputed the findings.
Drumgold’s counsel, Dan O’Gorman, claimed Albrechtsen had been reporting “adversely” about Drumgold during the inquiry and it was this relationship that swayed Sofronoff’s judgment.
In his reasons, Justice Kaye specifically criticised Sofronoff for a finding he made about Drumgold’s cross-examination of Senator Linda Reynolds, labelling the finding as “legally unreasonable”.
Justice Kaye also determined Drumgold had not been afforded natural justice when Sofronoff alleged he had given a false statement about his understanding of a freedom of information request.
The court had heard Sofronoff and Albrechtsen had exchanged numerous text messages and calls before, during, and after the inquiry and had once met for lunch in Brisbane.
One of the more shocking examples of the alleged bias occurred after the inquiry was told Drumgold had directed a junior lawyer to create a false affidavit about a meeting with The Project host Lisa Wilkinson on the speech she intended to give at The Logies.
Sofronoff had then texted Albrechtsen: “What a thing to do to young professionals under your mentorship.”
In his report, Sofronoff found Drumgold “preyed” on the junior lawyer.
While the court ordered the ACT government to foot the bulk of Drumgold’s costs, the inquiry findings were not overturned. The court will instead soon determine relief and costs.
