Head of inquiry into Bruce Lehrmann’s prosecution Walter Sofronoff set to appeal accusations of ‘serious corrupt conduct’

The head of an inquiry into the prosecution of Bruce Lehrmann is set to appeal allegations of “serious corrupt conduct” by the ACT’s corruption watchdog in the Federal Court.

Former Queensland judge Walter Sofronoff KC led the 2023 Board of Inquiry into the prosecution of Mr Lehrmann.

The ACT Integrity Commission launched Operation Juno to investigate suspicions Mr Sofronoff’s contact with journalists during his inquiry.

In particular, his decision to send a copy of the Board’s report to two journalists prior to its official release by the ACT government.

​The journalists were Janet Albrechtsen from The Australian and Elizabeth Byrne from the ABC.

The Commission on Tuesday found Mr Sofronoff had engaged in “serious corrupt conduct” during the Inquiry.

“The Commission has concluded that the conduct of Mr Sofronoff in making the impugned communications could constitute a criminal offence,” the Commission’s report stated.

Mr Sofronoff has since filed an application to appeal the findings in the Federal Court of Australia.

Mr Sofronoff’s lawyers released a statement on Tuesday evening confirming the application, news.com.au reported.

“Mr Sofronoff has today filed an application in the Federal Court of Australia challenging the lawfulness of the Integrity Commission’s report,” Gilshenan & Luton Legal Practice Director Glen Cranny said in a statement.

Mr Cranny and Mr Sofronoff have been contacted for comment.

The Integrity Commission’s report stated disclosures were “dishonestly concealed” from those involved in the Inquiry, “in particular Mr Drumgold (former Director of Public Prosecutions Shane Drumgold) and the Chief Minister, which prevented them taking protective legal action”.

“This impugned conduct constituted the exercise of Mr Sofronoff’s official functions in a way that was not impartial, significantly compromised the integrity of the Inquiry constituting a breach of public trust and, in respect of his communications with Ms Albrechtsen, gave rise to an apprehension of bias that affected his findings about Mr Drumgold,” the report stated.

“That conduct could have justified Mr Sofronoff’s removal from the Inquiry.”

The report noted Mr Sofronoff claimed his conduct “complied with the requirements of the Inquiries Act” and that he “acted in the public interest”.

“Mr Sofronoff claimed that his conduct complied with the requirements of the Inquiries Act, and that he had acted in the public interest to ensure the media were adequately informed about the issues being investigated by his Inquiry and in a position to comment accurately about them,” the report stated.

The Commission found Mr Sofronoff hadn’t acted in good faith and that his conduct “undermined the integrity of the Board’s processes and probity of its proceedings to such an extent as to have been likely to have threatened public confidence in the integrity of that aspect of public administration”.

“It therefore constituted serious corrupt conduct,” the report stated.

“No other adverse comment or opinion has been made against any other person or entity named in this report.”

Mr Lehrmann fronted a criminal trial in 2022 over the alleged rape of Brittany Higgins in 2019, however a mistrial was declared over juror misconduct.

A retrial was declined by former Director of Public Prosecutions Shane Drumgold over concerns for Ms Higgins’ health and the charge was dropped. Mr Lehrmann continues to deny the allegation.

In the wake of the mistrial, Mr Drumgold called for an inquiry into how the case was handled.

Damning findings were instead made about Mr Drumgold

Mr Lehrmann was found, on the balance of probabilities, to have raped Ms Higgins in a civil case last year.

Mr Lehrmann is appealing the ruling.