Retired judge Walter Sofronoff KC to head inquiry following Bruce Lehrmann trial

A huge decision has been made regarding the inquiry that will examine the conduct of police when investigating Brittany Higgins’ rape allegation.

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A powerful inquiry that will examine the conduct of the ACT police when investigating the rape allegation made by Brittany Higgins will be led by eminent retired judge Walter Sofronoff KC.

News.com.au has confirmed that Mr Sofronoff KC was formally appointed by the ACT Cabinet on Tuesday afternoon and that the ACT Chief Minister Andrew Barr will announce the inquiry chief on Wednesday morning.

The conduct of the Australian Federal Police and the Director of Public Prosecutions Shane Drumgold during the trial will be the subject of the powerful new probe with the power to issue search warrants and compel witnesses to give evidence.

It follows the DPP’s bombshell claim that police “clearly aligned with the successful defence of this matter rather than its prosecution.”

A single charge of sex without consent against Bruce Lehrmann was dropped by the DPP in December after the first trial collapsed as a result of juror misconduct. Lehrmann pleaded not guilty to the charge and has always strongly denied the allegation.

The decision not to proceed with a second trial followed the Director of Public Prosecution’s determination that a second trial posed an unacceptable threat to Ms Higgins' mental health.

Retired judge Walter Sofronoff KC will lead the inquiry. Pictures: Jack Tran

The inquiry, with the powers of a royal commission, is also likely to consider claims that police sent prohibited material including Brittany Higgins’ confidential counselling notes to the accused’s original lawyers.

A former Queensland Solicitor-General, Mr Sofronoff KC most recently led the high profile Commission of Inquiry into Forensic DNA Testing in Queensland.

He previously served as the President of the Queensland Court of Appeal (2017–2022) and as the Solicitor-General of Queensland from 2005 to 2014.

Mr Sofronoff was involved in a number of high-profile cases, including those involving surgeon Jayant Patel and the Aurukun Nine, nine men convicted of the gang rape of a 10-year-old girl in far north Queensland.

Sofronoff was also involved in a successful High Court appeal that overturned the Queensland Court of Appeal’s decision to downgrade Gerard Baden-Clay’s murder conviction to manslaughter.

He previously led the Grantham Floods Commission of Inquiry and a review of Queensland’s parole system in 2016.

Most recently, he conducted the Commission of Inquiry into Forensic DNA Testing in Queensland which heard evidence that Queensland uses “significantly inferior” rape kits when collecting vital DNA evidence from rape victims during invasive and often re-traumatising medical examinations.

The powerful probe will also examine the “appropriateness of the ACT Victims of Crime Commissioner Heidi Yates aligning herself with the complainant”, according to a government statement and the conduct of the DPP that has made a range of claims about the conduct of police.

The inquiry will examine the conduct of the ACT police when investigating the rape allegation made by Brittany Higgins against Bruce Lehrmann. Picture: NCA NewsWire / Gary Ramage

It will also examine whether new laws need to be enacted to cover juror misconduct after the first trial was aborted following an allegation a juror brought a prohibited academic research paper on sexual assault into the jury room.

Bruce Lehrmann has previously urged the inquiry into the aborted trial over Brittany Higgins’ rape allegation to include “all aspects” of the matter including the decision “not to prosecute various individuals”.

“Mr Lehrmann welcomes an inquiry and hopes the terms of reference will extend to an examination of all aspects of this matter, including decisions not to prosecute various individuals and the efforts taken by the DPP to ensure a fair trial,” Mr Lehrmann’s lawyer Steve Whybrow said last year.

After the subsequent trial was aborted, Mr Lehrmann’s legal team also called for the police and the ACT Supreme Court to examine whether or not Ms Higgins speech outside the court might constitute contempt.

Ms Higgins’ only public response last year was on Instagram where she wrote, “Sunlight is the best disinfectant” across a link to a news article on the planned inquiry.

The ACT Government announced the probe last year stressing it would not be about recontesting Brittany Higgins rape allegation but the conduct of criminal justice agencies.

“The inquiry will consider whether the functions of the various criminal justice (agencies) involved to discharge with appropriate rigour, independence,’’ ACT chief minister Andrew Barr said.

“This inquiry will be able to hold public hearings. It can also hold private hearings, if it determines to do so. It can issue search warrants. It can compel the production of documents and it can compel the attendance of witnesses and take evidence on oath.

“As the first law officer of the ACT I am deeply concerned by the allegations that we have seen in recent weeks following the decision to discontinue the matter,’’ Attorney-General Shane Rattenbury said last year.

“The ACT government is absolutely mindful of the need for public confidence in the criminal justice system here in the territory.”

“I want to make clear that this inquiry is not about reviewing the trial. Any evidence in the trial, or the outcomes of the trial, or those matters are appropriately for our courts, and have been addressed in the courts.”

A single charge of sex without consent against Bruce Lehrmann was dropped by the DPP in December. Picture: NCA NewsWire / Gary Ramage

The Director of Prosecutions Shane Drumgold wrote to the ACT police chief Neil Gaughan, after the collapse of the trial outlining a number of serious concerns.

“There has now been over one-and-a-half years of consistent and inappropriate interference by investigators, firstly directed towards my independence with a very clear campaign to pressure me to agree with the investigators’ desire not to charge, then during the conduct of this trial itself, and finally attempting to influence any decision on a retrial,’’ Mr Drumgold said.

“Then when charges resulted, the [investigators’] interests have clearly aligned with the successful defence of this matter rather than its prosecution.”

In the DPP’s extraordinary letter, released under freedom of information laws, he also accuses police of “bullying” Ms Higgins and asks in the letter that police not contact Ms Higgins or other witnesses.

The ACT Police chief Neil Gaughan had previously backed public inquiry into the trial of Bruce Lehrmann that extends to the conduct of the prosecutor, the police and “the allegation of contempt” over Brittany Higgins’ speech outside court at the conclusion of the trial.

The AFP Deputy Commissioner outlined his demands in a leaked internal email that complained the ACT Director of Public Prosecutions Shane Drumgold released private correspondence to a journalist under freedom of information laws without consulting police.

“I welcome a public inquiry into all aspects of the matter including, (but not limited) to the actions of police, the prosecution and defence, issues leading to delays in the trial, issues leading to the subsequent mistrial, the decision not to proceed and the associated allegations of contempt of court,’’ the ACT police chief Neil Gaughan said in the email to staff.

“Operation Covina has been a challenging case for all involved. I acknowledge the dedication, professionalism and commitment of the officers involved in the investigation.”

The Australian Commission for Law Enforcement Integrity is already examining the police investigation into Brittany Higgins’ complaint following the DPP’s claim that some police aligned themselves with Bruce Lehrmann’s defence team.