The ACT Government has announced that it will release both the Sofronoff report into the conduct of criminal justice agencies involved in Bruce Lehrmannโs trial for the alleged rape of Brittany Higgins and its interim response to the recommendations early next week.
The Australian published the findings of the Board Inquiry last night, including an allegedly damning judgement on ACT Director of Public Prosecutions Shane Drumgold.
Chief Minister Andrew Barr had received the report on Monday. A spokesperson said then that the ACT Government would consider the report through โa proper Cabinet processโ, expected to take up to four weeks. However, the Canberra Liberals had called for it to be released immediately.
The Board of Inquiry provided a copy of the report to some media outlets under an embargo, an ACT Government spokeswoman said. This release was not authorised by or communicated to the government.
โThe ACT Government is disappointed that the Sofronoff Board of Inquiry Report has been released to select media outlets,โ the spokeswoman said. โThe release of information about the Inquiry outside of the government procedures has affected the Inquiry process and harmed people involved. It further contributes to the ongoing public discussion of the matter that has been very difficult for all of the individuals impacted.
โThe Government has commenced the Cabinet process to enable proper consideration of the Reportโs findings and recommendations,โ the spokeswoman said. โThe individuals identified in the Report and affected by its findings must be afforded procedural fairness, including the Director of Public Prosecutions (DPP). The ACT Attorney-General is in contact with the DPP in relation to the findings relating to him.โ
Earlier today, both the Canberra Liberals and the Australian Federal Police Association (AFPA) called for the ACT Government to release the Sofronoff report immediately, rather than waiting three or four weeks to table it, as Mr Barr had originally intended.
Opposition leader Elizabeth Lee said that there was no justification for the Chief Minister to โhide the report from the publicโ.
Given extensive media coverage, Ms Lee continued, it was important to release the report โso that every member of the community, every stakeholder, every interested party, can have faith that this independent inquiry was done in the most robust way, and that everyone knows exactly what those findings areโ.
Releasing the report immediately would remove the โrisk of any unfounded aspersions being made or cast against any party or any stakeholderโ, and โensure confidence in the criminal justice systemโ.
Alex Caruana, president of the AFPA, also believes the report should be released in its entirety, given a leaked version was already in the public domain.
โThere is no reason to delay the release any further,โ he said. โ[The ACT Government] can release the report today and consider the recommendations in due courseโฆ
โThere is no point in hiding or sugarcoating the information and recommendations. In some cases, itโs clear what needs to occur.โ
Neither the Canberra Liberals nor the AFPA have seen the report.
โThe number of people who received the report was minimal; not even ACT Policing had seen the report,โ Mr Caruana said.
It is understood that the report accuses DPP Shane Drumgold of misleading the Supreme Court in the Lehrmann trial; of blocking Mr Lehrmannโs access to police documents; of breaching ethical standards of legal practice in making allegations about Senator Linda Reynoldsโs interference; of making improper remarks about the likelihood of Mr Lehrmannโs conviction; and of preying on the inexperience of junior staffers. The report allegedly describes Mr Drumgoldโs allegations as โnot just incorrect, but wholly false and without any rational basisโ.
โIf the findings of his conduct throughout this trial are as accurate as is being reported โฆ the Attorney-General of the ACT [Shane Rattenbury] should sack him immediately,โ Ms Lee said.
โWeโre talking about questions of the Director of Public Prosecutions knowingly lying to the court, engaging in unethical behaviour, undue influence over a junior solicitor. Now, these allegations made against any lawyer would result in their immediate termination of employment, and in fact would result in them most likely being struck off the roll. There is no doubt that as the holder of a statutory position, there is an even greater duty on the Director of Public Prosecutions when it comes to his dutiesโฆโ
Mr Drumgold, Ms Lee noted, was โon leave, being paid $2,000 a dayโ while Mr Rattenbury โsits on his handsโ. She called on Mr Rattenbury โto step up and take some leadershipโ.
โIt is extraordinary that the Attorney-General himself has had nothing to say about this very important inquiry and the proceedings over the last 12 hours,โ Ms Lee said.
Conversely, the report allegedly finds that police โ whom Mr Drumgold accused of impropriety โ of acting in good faith and of putting together a sound case.
โIf the public reports are accurate, itโs clear that ACT Policing members conducted a proper and professional investigation,โ Mr Caruana said.
โUsing the words in the public domain, the investigators performed their duties in absolute good faith, with great determination, although faced with obstacles, and put together a sound case.
โDuring the Inquiry, ACT Policing members demonstrated accountability, honesty, and transparency, which is reflected in the public reporting. The ACT Policing officers made admissions to their errors and owned them.
โSexual assault investigations are among the hardest to conduct, even more so when you have a high level of national scrutiny. I commend all members involved in the investigation and those who appeared before the Inquiry.โ
Mr Caruana said that the public reporting confirmed the AFPAโs suspicions about Mr Lehrmannโs trial.
โWhile we welcomed the Inquiry, we knew it would be the only way to reveal the truth,โ he said.
โWe were always confident that the investigating officers had conducted a thorough and professional investigation from day one.
โItโs disappointing that valuable ACT taxpayer money was spent due to allegations now found to be wholly false and made up.
โWe thank Mr Sofronoff KC and the Inquiry Board for the way they conducted the Inquiry,โ Mr Caruana said.