Walter Sofronoff loses fight against claims he engaged in ‘serious corrupt conduct’ during Lehrmann inquiry

A former judge who prematurely sent copies of a report into the prosecution of Bruce Lehrmann to journalists has lost his fight against claims he engaged in “serious corrupt conduct” during the inquiry. Former Queensland judge Walter Sofronoff KC led the 2023 board of inquiry into Mr Lehrmann’s prosecution over the alleged rape of Brittany Higgins. A subsequent investigation into Mr Sofronoff’s conduct during that inquiry, in particular his decision to send a copy of the board’s report to two journalists – ABC’s Elizabeth Byrne and The Australian’s Janet Albrechtsen – prior to its official release by the ACT government, was launched by the ACT Integrity Commission. The commission found Mr Sofronoff had engaged in “serious corrupt conduct” in March. However, he sought to have the commission’s Operation Juno report overturned by the Federal Court. Justice Wendy Abraham on Thursday upheld the Commission’s findings of corrupt conduct, dismissing his case. “The applicant has not established jurisdictional error, and the Commission’s conclusion that Mr Sofronoff engaged in serious corrupt conduct remains,” her judgment read. Justice Abraham also ruled it is not necessary for the Commission to make a declaration that the report “is affected by jurisdictional error” over a mistake in one of the findings. The Commission earlier conceded a finding that Mr Sofronoff’s conduct could have constituted a contempt of court was incorrect. Adam Pomerenke SC, acting for Mr Sofronoff, argued the finding was “a serious offence against the administration of justice”, with the former judge pushing for a declaration to be made over the error. “He has an interest in restoring his personal reputation,” Justice Abraham wrote in her judgment. “In the circumstances of this case, I am not persuaded that a declaration should be made. “The ultimate question in this application is whether jurisdictional error has been established. The error … was conceded and was not the subject of controversy. “The applicant has not established jurisdictional error, and the Commission’s conclusion that Mr Sofronoff engaged in serious corrupt conduct remains. The applicant’s concern as to the Commission’s website containing a report with an error in it can be addressed by the approach the Commission said it would take.” The court was previously told the Commission would add a note to the relevant web page reflecting the concession. The website now has an asterisk next to the report, which reads “The Commission accepts that s 36 of the Inquiries Act is not capable of applying to a single member Board of Inquiry. In Federal Court proceedings … the Commission did not seek to defend its finding that Mr Sofronoff engaged in conduct that could constitute and offence contrary to s 36 of the Inquiries Act 1991”. Mr Pomerenke had also argued the mistake could have affected the findings of serious corrupt conduct, which Justice Abraham rejected. Mr Sofronoff’s engagement with journalists was chalked up to his ability to do “whatever (he) considers necessary or convenient for the fair and prompt conduct of the inquiry” as head of the inquiry, the court was previously told. However Justice Abraham ruled his reliance on this argument to justify his actions as “misplaced”, and he ultimately did not establish the ground of appeal. The Federal Court has found that Mr Lehrmann raped Ms Higgins on the civil standard of the balance of probabilities. Mr Lehrmann recently lost his bid to appeal the findings. A criminal trial was also aborted due to juror misconduct and a charge against him was dropped. Mr Lehrmann has always denied the allegation.