From DNA to Brittany Higgins: ex-judge Walter Sofronoff on inquiry

Former judge Walter Sofronoff KC will lead an inquiry into the conduct of ACT police over its investigation into the rape claim made by Brittany Higgins.

Walter Sofronoff KC. Picture: Jack Tran

Former judge Walter Sofronoff KC will lead an inquiry into the conduct of ACT police over its investigation into the rape claim made by Brittany Higgins.

An ACT government source confirmed the appointment of Mr Sofronoff, a former president of the Queensland Court of ­Appeal who oversaw the state government’s recent commission of inquiry into failings at the state’s DNA testing laboratory.

The inquiry, called by the ACT government, will examine the conduct of the Australian Federal Police and the Director of Public Prosecutions surrounding the rape allegation Ms Higgins made against Bruce Lehrmann. It will have power to hold public and private hearings, issue warrants, demand documents and compel witnesses.

The trial of Mr Lehrmann, whom Ms Higgins, a former Liberal Party staffer, alleged raped her in then-minister Linda Reynolds’ parliamentary office, was aborted last October because of juror misconduct. One juror consulted material external to evidence presented in court and brought the material into the jury room.

A retrial was scheduled to begin this month but DPP Shane Drumgold decided against a retrial over concerns for Ms Higgins’ health. Documents also revealed police believed there was insufficient evidence to prosecute Mr Lehrmann.

ACT police chief Neil Gaughan and Mr Lehrmann have ­accused Mr Drumgold of misconduct. Documents obtained under Freedom of Information laws revealed Mr Drumgold said there was “a very clear campaign” by police to pressure him not to prosecute Mr Lehrmann, which Mr Drumgold said amounted to “inappropriate interference”.

The allegations were referred to the Australian Law Enforcement Integrity Commission.

After this bitter and public row, the ACT government called an inquiry. The government is expected to announce the appointment of Mr Sofronoff on Wednesday morning.

Mr Sofronoff’s 520-page DNA lab report found thousands of criminal cases across the state had been compromised by poor testing back to 2008.