Former Queensland judge Walter Sofronoff genuinely believed he was acting in the public interest when he leaked his report on the Bruce Lehrmann prosecution to journalists before its official release, the Federal Court has heard. Sofronoff is challenging findings by the Australian Capital Territory Integrity Commission that his conduct amounted to 'serious corrupt conduct'.
Adam Pomerenke KC, representing Sofronoff, argued there was 'overwhelming evidence' his client acted without corrupt, dishonest or malicious motive. 'At worst, it could be characterised as an erroneous attempt to ensure accuracy and transparency in public discourse,' Pomerenke said.
The commission's Juno report found Sofronoff had not acted in good faith and that his leaks undermined the integrity of the inquiry. However, Pomerenke rejected the characterisation of Sofronoff as a 'fellow traveller' of journalist Janet Albrechtsen, calling it a 'meaningless slogan'.
Sofronoff was appointed to investigate whether the 2022 aborted trial of Bruce Lehrmann, accused of raping Brittany Higgins, was affected by political interference. His report cleared political interference but made findings against prosecutor Shane Drumgold, later partially overturned.
The court also heard from Scott Robertson SC, representing the commission, who said it would defend its findings. Sofronoff seeks to overturn the corruption finding, arguing errors in interpretation and lack of evidence of malicious intent.
