The ACT Integrity Commission found then-Board of Inquiry chair Walter Sofronoff had engaged in serious corrupt conduct while in the role. Photo: Screenshot.
The Federal Court has dismissed a former judge’s appeal against a finding he had engaged in serious corrupt conduct while he headed up a Board of Inquiry into the ACT Criminal Justice System.
Walter Sofronoff was investigated by the ACT Integrity Commission after it was revealed he shared his final report with two journalists before it was made public by ACT Chief Minister Andrew Barr.
It also found he had provided confidential matter to The Australian journalist Janet Albrechtsen, including witness statements (some that were subject to non-publication orders and subject to legal professional privilege), drafts of the report, notices of adverse findings against former ACT Director of Public Prosecutions Shane Drumgold, and Mr Drumgold’s initial response to the notices.
During hearings, his legal team argued what he had done may have been wrong, but not corrupt, as the law allowed him to investigate and conduct the inquiry “as he sees fit”.
Lawyers for the Commission argued Mr Sofronoff had breached his non-disclosure obligations in sharing the materials.
Today (11 December), Federal Court Justice Wendy Abraham dismissed Mr Sofronoff’s appeal.
There had been several grounds Mr Sofronoff’s team tried to argue, but ultimately Justice Abraham concluded they had “not established that the finding of serious corrupt conduct is either unreasonable, irrational and/or illogical”.
“The applicant has not established jurisdictional error, and the Commission’s conclusion that Mr Sofronoff engaged in serious corrupt conduct remains,” she ruled.
The Commission has previously admitted it made an error when it previously found Mr Sofronoff’s conduct could constitute criminal contempt.
Mr Sofronoff had submitted to the Federal Court there should at least be a declaration on the Commission’s website that this error had been made, given the published report was “advertising to the world” that he could have committed an offence.
Justice Abraham concluded this would be appropriate.
“He has an interest in restoring his personal reputation. There is utility in the declaration because the public record is wrong,” she said.
But Justice Abraham said the conclusion of serious corrupt conduct made by the Commission would have still been the same, despite the error.
The ACT Integrity Commission released a statement acknowledging Justice Abraham’s findings and made no further comment.
The Board of Inquiry was held in the wake of the aborted trial of Bruce Lehrmann for the alleged rape of Brittany Higgins in Parliament House in 2019.
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