ACT DPP Shane Drumgold unable to practise after resignation from top job

The damning findings of the Sofronoff Inquiry factor into any future bar applications by ACT DPP Shane Drumgold, who will be unable to practise as a barrister after his resignation.

Former ACT DPP Shane Drumgold will no longer be able to practise once he steps down from the top role. Picture: NCA NewsWire / Martin Ollman

ACT Director of Public Prosecutions Shane Drumgold KC will be unable to practice as a barrister in the territory following his resignation from the top job, with the findings of the Sofronoff inquiry to factor into any future bar applications.

The ACT Bar Association confirmed in a statement on Tuesday that Mr Drumgold will no longer hold a practising certificate from 1 September 2023, when his resignation takes effect.

“The announcement of Mr Drumgold’s resignation … means that from that date Mr Drumgold will no longer have capacity to practice as a barrister in the ACT,” the statement read.

“Any application by Mr Drumgold for a new or unrestricted practising certificate will require the approval of the ACT Bar Council and will necessitate consideration of the findings contained in the Sofronoff Report.”

It follows the damning findings of an inquiry into the former DPP’s conduct during the trial of Bruce Lehrmann for the alleged rape of Brittany Higgins. The Sofronoff report found Mr Drumgold engaged in serious malpractice and grossly unethical conduct when he knowingly lied to the Supreme Court.

Mr Drumgold resigned from the role on Sunday. While he conceded that he had made mistakes, he disputes many of the adverse findings against him.

The council said any application by Mr Drumgold for a new or unrestricted practising certificate would need the bar council’s approval.

The outgoing chief prosecutor currently holds a restricted (government) practising certificate that only allows him to practise as a barrister in the ACT whilst employed as or for the territory’s Director of Public Prosecutions.

The Bar Council noted it had “grave concern” about the findings of the inquiry in the Tuesday statement.

“The Bar Council notes with grave concern the findings of misconduct in the Report regarding the person with primary carriage of the prosecution of Mr Lehrmann, Mr Shane Drumgold SC, the ACT Director of Public Prosecutions,” the statement continued.

“Those findings are patently serious and will receive careful consideration by the ACT Bar Council in the context of its role as the professional regulator of the ACT Bar.”

The ACT government has backed the 10 recommendations of the inquiry.