Rita Panahi: It is worrying when our justice system becomes compromised by political considerations

It’s now evident that it wasn’t just members of the media and politicians behaving improperly but also the ACT Director of Public Prosecutions.

The politicisation of our institutions is a dangerous, anti-democratic trend.

It’s bad enough that universities, health bureaucracies and sporting bodies have been corrupted by Leftist dogma, but it’s considerably more worrying when our justice system becomes compromised by political considerations.

The findings of the Sofronoff Inquiry, as reported exclusively in The Australian, make for disturbing reading.

For some time it has been apparent that there existed a deliberate and co-ordinated effort to weaponise Brittany Higgins’ rape allegations against Bruce Lehrmann for a political hit job on the Morrison government.

There has been a co-ordinated effort to weaponise Brittany Higgins’ rape allegations against Bruce Lehrmann. Picture: Flavio Brancaleone

One possible casualty of that endeavour was the accused, whose presumption of innocence was cast aside in the media frenzy that followed Higgins’ allegations.

It’s now evident that it wasn’t just members of the media and politicians behaving improperly but also the ACT Director of Public Prosecutions Shane Drumgold who may ultimately face criminal charges for perverting the course of justice.

At best his conduct was grossly, clownishly incompetent; at worst he behaved criminally by deliberately and repeatedly breaching his duty as a prosecutor in order to unfairly manufacture a guilty verdict.

His lack of judgment is evident in the fact that he initiated the inquiry that has destroyed his reputation.

ACT Director of Public Prosecutions Shane Drumgold may ultimately face criminal charges for perverting the course of justice.

Inquiry head Walter Sofronoff KC handed his report to the ACT government on Monday.

However, Janet Albrechtsen of The Australian, whose reporting on this issue has been fearless, exemplary and importantly, accurate, obtained the 600-page document.

Given the findings, one cannot see how Drumgold can remain in his role as ACT chief prosecutor.

He was found to have “knowingly lied to the chief justice”, “misled the court”, made representations that were “untrue” and “an invention of his own” and was guilty of serious breaches of duty in failing to comply with disclosure rules.

Sofronoff found Drumgold “kept the defence in the dark about the steps he was taking to deny them the documents that meant they were in no position to mount a challenge” and “constructed a false narrative to support a claim of legal professional privilege”.

Drumgold went to extraordinary lengths to keep from the defence a report penned by Australian Federal Police Detective Superintendent Scott Moller that detailed discrepancies in Higgins’ evidence.

Sofronoff found that this amounted to Drumgold attempting to use “dishonest means to prevent a person he was prosecuting from lawfully obtaining material”.

“Had the defence, by their professionalism and persistence, not obtained (the document) despite the improper obstruction they faced, and had the documents come to light after a conviction, in my opinion the conviction would have been set aside on the ground of a miscarriage of justice … This would have meant ­wasted expense for the government and for Mr Lehrmann and it would have meant ­additional anxiety for those involved,” Mr Sofronoff said.

Drumgold appeared to have bought the wild conspiracy that “political forces” were behind the delay in Higgins’ complaint to police.

Drumgold said “it is abundantly clear from the evidence and actions of Senator Reynolds during this trial that those political forces were still a factor” despite the fact that Reynolds encouraged Higgins to make a police complaint when she became aware of the allegations.

Sofronoff found “it was improper to put to Senator Reynolds that she was ‘politically invested’ in the outcome of the trial.

There was not only no basis for this but the nature of the political investment, why it might be important politically for there to be an acquittal, was never identified.”

“The suggestions made by Mr Drumgold had no basis at all and … they were intended to, and might have, affected the outcome of the trial adversely to Mr Lehrmann and the conduct was, therefore, grossly unethical.”

Reynolds is suing Higgins for allegedly defamatory social media posts, filing a writ on Thursday morning in the WA Supreme Court.

The ACT government must immediately release the full Sofronoff report for transparency’s sake. We must have trust in our justice system and ensure it is not corrupted or compromised by political considerations.

Individuals who hold enormous power, who can destroy lives and livelihoods, must act on the evidence in a sober and dispassionate fashion.