Sofronoff under ACT inquiry for leaking Drumgold, Lehrmann report to journalist

The ACT’s Integrity Commission will probe whether the head of an inquiry into the handling of Bruce Lehrmann’s criminal rape trial broke the law by leaking to media.

The ACT Integrity Commission has opened an investigation into Hon Walter Sofronoff KC over his conduct as the chair of the inquiry into the Bruce Lehrmann criminal trial.

In April the Commission began examining allegations surrounding Mr Sofronoff’s conduct during his investigation into former ACT Director of Public Prosecutions Shane Drumgold’s handling of the criminal trial of Bruce Lehrmann.

Lehrmann was charged with the alleged 2019 rape of political staffer Brittany Higgins in Parliament House, and had pleaded not guilty. The trial was aborted due to jury misconduct and the charge was dropped.

In 2023, Mr Sofronoff provided a preliminary report of his Board of Inquiry findings to some media outlets prior to its official release to the ACT Chief Minister Andrew Barr.

The conduct of inquiry Commissioner Walter Sofronoff will come under scrutiny from ACT Integrity Commissioner Michael Adams KC. Picture: NCA NewsWire/Tertius Pickard

These findings were highly critical of Mr Drumgold and resulted in his termination.

The contentious release of the report, as well as extensive correspondence between Mr Sofronoff and columnist for The Australian Janet Albrechtsen, led to further litigation between Mr Drumgold and Mr Sofronoff before the Supreme Court of the ACT.

The Supreme Court judgment deemed Sofronoff’s correspondences “gave rise to a reasonable apprehension of bias” against Mr Drumgold.

The findings of the Sofronoff inquiry eventually led to the resignation of ACT DPP Shane Drumgold. Picture: NCA NewsWire / Martin Ollman

“The Commissioner … has decided to commence an investigation into the impugned conduct as he suspects, on reasonable grounds, that Mr Sofronoff’s conduct may constitute corrupt conduct,” a statement from the ACT Integrity Commission reads.

“The allegations assessed by the Commissioner relate to the provision by Mr Sofronoff of his report to two journalists before it was made public by the Chief Minister.

“As the investigation is ongoing, the Commission will not be making any further public comments at this time.”

The former Queensland judge will be investigated by Michael Adams KC, the territory’s integrity commissioner.

Chief Minister of the Australian Capital Territory Andrew Barr with Attorney-General Shane Rattenbury (right). Picture: NCA NewsWire / Martin Ollman

At the centre of the investigation, Mr Adams will determine whether prematurely providing the report to media was a breach of the requirements of the Inquiries Act 1991 and if it constitutes corrupt conduct under the Integrity Commission Act 2018.

Mr Sofronoff did not immediately reply to requests for comment.