Shane Drumgold remains deeply deluded about the import of his misconduct

Shane Drumgold. Picture: Liam Mendes/The Australian

In his statement, Shane Drumgold said that he has been “driven by a burning fire within, lit by an early life spent surrounded by the pain of chronic inter-generational social injustice”.

To allude to that background, given the misconduct uncovered by Walter Sofronoff KC, will be seen by many as an affront to the most vulnerable citizens.

Mr Drumgold, who grew up in a housing commission estate and reached the highest legal position in his territory, should have understood that the poor and disadvantaged are no match for the power and resources of the state.

Our criminal justice system is premised on foundational, non-negotiable principles – presumption of innocence, a fair trial and due process – to protect every citizen, and especially the most vulnerable, against the abuse of state power.

When a DPP misbehaves in office, vulnerable citizens are most at risk. While no one should need a team of brilliant defence lawyers to fight off efforts by a DPP to withhold evidence, the poor are especially in danger of missing out on a fair trial.

The ACT government should not have accepted Mr Drumgold’s resignation. They should have sacked him.

Mr Sofronoff KC’s findings were no surprise. Not after Mr Drumgold’s days in the witness box during the May public hearings. Each day was riveting as the territory’s chief prosecutor had to be dragged into admitting that he misled a judge, maligned a Liberal minister, failed in his prosecutorial duties, made baseless allegations against police, and was involved in drafting an affidavit that made a false claim in order to withhold material from a defendant facing jail if found guilty of rape.

Shane Drumgold SC in the witness box during the May hearings.

Mr Drumgold says these were all mistakes, explained as part of our adversarial criminal justice system. What tosh. This fits the portrait of a man who remains deeply deluded about the import of his misconduct. This lack of self-awareness is dangerous in a DPP.

Even if, contrary to Mr Sofronoff’s findings, Mr Drumgold’s misdeeds were mere mistakes, all the more reason that he should have been removed from this powerful role as soon as the Chief Minister read the report. Andrew Barr knew what was coming. All he needed to do was watch Mr Drumgold’s evidence.

Sacking Mr Drumgold would have signalled that the ACT Labor government expects the person who holds the highest prosecutorial office in the territory to uphold their duties to the very highest standard.

Instead, they allowed Mr Drumgold to resign, with the obvious question of what’s next for their former prosecutor? A financial settlement?

If Mr Drumgold walks away with any kind of financial settlement after this debacle, you have to wonder what it takes to be terminated for misconduct in the ACT. You would also have to ask whether any financial settlement says the ACT government condones his actions. If the government implicitly condones Drumgold’s behaviour, God help any accused person in the ACT.