The ACT's former top prosecutor has succeeded in his challenge to some of 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 Mr Sofronoff's final report was released last August, but he disputed many of the findings against him.
Mr Drumgold then challenged the report in 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 while he was leading the inquiry "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 inquiry, the pair exchanged more than 50 phone calls and — on one occasion — shared a private lunch.
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.
Judge rules in former prosecutor's favour but hasn't set aside bulk of inquiry findings
The findings against Mr Drumgold as a result of 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".
Today, Justice Kaye found one finding in Mr Sofronoff's final report, which criticised Mr Drumgold's cross-examination of Senator Linda Reynolds during the trial, was "legally unreasonable".
He also found Mr Sofronoff's finding that Mr Drumgold had "knowingly lied" to the ACT's chief police officer — regarding why a letter between the pair was made public without first notifying the officer — had denied Mr Drumgold natural justice.
But Justice Kaye has not gone as far as to set aside the majority of 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 Drumgold told the ABC he was "delighted with the court's decision".
"I am looking forward to moving on with my life," he said.
A spokesperson for the ACT government said it is "considering the terms of Acting Justice Kaye's decision" and will make no comment at this time.
"We observe, however, that the report's findings in relation to other persons and the recommendations in relation to the criminal justice system remain undisturbed," the spokesperson said.
Mr Sofronoff has been contacted by the ABC for comment.
Court heard inquiry head treated journalist 'differently to any other media'
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.
"She was treated differently to any other media person," Mr O'Gorman said.
But lawyers for the ACT government said there was no evidence it was Ms Albrechtsen's articles that 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.
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2024-03-04 06:22:30Z
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