The ACT's former top prosecutor has succeeded in his challenge to the findings of an inquiry into the prosecution of former Liberal staffer Bruce Lehrmann.
The inquiry, led by former Queensland judge Walter Sofronoff KC, made several adverse findings about former director of public prosecutions (DPP) Shane Drumgold's conduct during the case.
Mr Drumgold resigned after the final report was released last August, but he disputed many of the findings against him.
He took the case to the ACT Supreme Court in a bid to have the findings set aside.
Today Acting Justice Stephen Kaye ruled Mr Sofronoff's communications with journalist Janet Albrechtsen of The Australian "gave rise to a reasonable apprehension of bias".
Justice Kaye found the communications between the pair could lead the fair-minded observer to conclude that Mr Sofronoff "might have been influenced by the views held and publicly expressed by Ms Albrechtsen".
During the course of the inquiry, the pair exchanged more than 50 phone calls and — on one occasion — shared a private lunch.
Justice Kaye also found one finding, which criticised Mr Drumgold's cross-examination of Senator Linda Reynolds during the trial, was "legally unreasonable".
On another finding concerning the release of Mr Drumgold's letter to the Chief Police Officer under freedom of information laws, Mr Sofronoff was found to have denied the former DPP natural justice.
But Justice Kaye has not gone as far as to set aside the inquiry's findings.
The court has ordered the ACT government to pay the bulk of Mr Drumgold's costs for bringing the case.
Mr Lehrmann's trial for the alleged rape of Brittany Higgins at Parliament House was abandoned due to juror misconduct, leaving no findings against him.
The findings against Mr Drumgold in last year's inquiry included that he "knowingly lied" in court to ACT Chief Justice Lucy McCallum, over the notes of a meeting with journalist Lisa Wilkinson before her speech at the Logie Awards which led to a delay in the trial.
Mr Sofronoff also found the former DPP "preyed on a junior lawyer's inexperience" to procure a misleading affidavit, in a bid to block a police report — which was critical of Ms Higgins — from being disclosed to Mr Lehrmann's lawyers.
When he resigned, Mr Drumgold said he strongly disputed that he "engaged in deliberate or underhanded conduct in the trial, or that [he] was dishonest".
The hearings into the judicial review case heard evidence Mr Sofronoff had extensive communications during the inquiry with Ms Albrechtsen, which he did not have with any other journalist.
Mr Drumgold's lawyers argued it demonstrated a potential bias against the former DPP, because Ms Albrechtsen had written several articles critical of Mr Drumgold over that period.
Barrister Dan O'Gorman told the court other text messages between the pair suggested Mr Sofronoff had "poisoned his mind" about Mr Drumgold's conduct before he had given evidence at the public hearings.
But lawyers for the ACT government said there was no evidence it was Ms Albrechtsen's articles which led to Mr Sofronoff forming a view on the issues.
Mr Sofronoff's lawyer also rebuffed claims Ms Albrechtsen was given preferential treatment, and said she was the "most persistent" of all the journalists covering the inquiry.
Mr Drumgold told the ABC he was "delighted with the court's decision".
"I am looking forward to moving on with my life," he said.
Mr Sofronoff has been contacted by the ABC for comment.
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2024-03-04 03:17:44Z
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