The chair of an inquiry into how the justice system handled Brittany Higgins’ rape allegations could be referred to the ACT integrity commission for leaking the final report to two journalists.  

Former Queensland judge Walter Sofronoff led a board of inquiry set up to examine accusations from police and prosecutors about the conduct of each other during Bruce Lehrmann’s high-profile rape trial.

The ACT government received the inquiry’s final report last Monday and had intended to release it by the end of the month after the findings had been considered by cabinet. 

But Mr Sofronoff provided a copy to two journalists at separate media outlets without the knowledge or permission of the territory government, which resulted in widespread reporting of the negative findings against the chief prosecutor involved.

The report was provided on the basis of an embargo until it was made public. 

In one case, a report was provided to a journalist before the chief minister had received it. 

ACT Chief Minister Andrew Barr said he was extremely disappointed about the leak and described it as a lapse in judgment by Mr Sofronoff. 

He revealed Mr Sofronoff had admitted he gave background information to select journalists during the inquiry, which the chief minister said he had not been aware of. 

“(Mr Sofronoff) breached his good faith to me by releasing that report ahead of giving it to who he was meant to under the legislation,” Mr Barr said. 

“I think he had a view that the reporting might be more accurate if journalists were provided copies in advance, but he placed his faith in a particular individual and that faith proved to be massively misplaced with huge consequences for everyone.”

He said the government was considering its options about how to deal with the breach and multiple leaks throughout the inquiry. 

“There are many possible pathways. It might be that a full referral to the integrity commission to examine the conduct of the inquiry may be a pathway, the government will seek advice on that,” he said. 

“This (inquiry) should have drawn a line under this matter, but unfortunately whilst the recommendations are sound and we have accepted them … the leaking and the engagement with journalists on the way through leaves in the minds of many people significant questions.

“It is just so disappointing.” 

Mr Barr said Mr Sofronoff had neither offered him nor the government an apology. 

Brittany Higgins accused Mr Lehrmann, her former Liberal staff colleague, of raping her inside a ministerial office at Parliament House after a night out in 2019.

Mr Lehrmann has always denied the allegation.

By Maeve Bannister in Canberra