Legal representatives for Walter Sofronoff, the former judge who led the inquiry into Bruce Lehrmann’s prosecution, argue that although Sofronoff’s actions may have been improper, they do not constitute corruption.
The ACT Integrity Commission had previously concluded that Sofronoff engaged in serious corrupt conduct due to his interactions with journalists during the 2023 inquiry. Specifically, the Commission highlighted Sofronoff’s sharing of confidential information with journalist Janet Albrechtsen from The Australian, and the premature disclosure of his final inquiry report to Albrechtsen and Elizabeth Byrne of the ABC before its official release by the ACT government.
Currently, the Federal Court is reviewing Sofronoff’s request to challenge the Commission’s findings through a judicial review. Earlier, the Speaker of the ACT Legislative Assembly attempted to prevent this, arguing the report was protected by parliamentary privilege, but was unsuccessful.
Sofronoff maintains that his interactions with the media were necessary to ensure the inquiry’s fairness and timeliness. Barrister Adam Pomerenke argued on Sofronoff’s behalf, stating, “Even if Mr Sofronoff was mistaken, his beliefs were sincere and honest. His intentions were neither corrupt nor malicious.”
Pomerenke suggested that, at worst, Sofronoff’s actions might be described as a misguided effort to maintain transparency and accuracy in public discussions.
Pomerenke further argued that while the Commission’s legislation allowed it to criticize Sofronoff’s behavior, labeling it explicitly as corruption was not necessary. He emphasized, “Such behavior can still be highlighted and criticized without being termed corrupt.”
Pomerenke also addressed a significant error by the Commission, which had initially accused Sofronoff of potentially violating Section 36 of the Inquiries Act—an offense equivalent to contempt of court proceedings. The Commission later conceded this accusation was incorrect.
Pomerenke criticized this earlier conclusion, calling it “self-evidently absurd and irrational” because it implied Sofronoff could be in contempt of his own inquiry. He argued this admitted error undermines the Commission’s broader conclusion that Sofronoff’s actions amounted to serious corruption.
Sofronoff was initially appointed by the ACT government to head the inquiry following the collapse of Bruce Lehrmann’s criminal trial, which had failed to reach a verdict on the alleged rape of Brittany Higgins.
Separately, Lehrmann was later found, on the balance of probabilities, to have raped Higgins after unsuccessfully suing Network Ten and journalist Lisa Wilkinson for defamation. Lehrmann is appealing this decision.
The Federal Court hearing, presided over by Justice Wendy Abraham, continues.
