<\/p>\n
Walter Sofronoff, KC, who led the inquiry into the aborted Bruce Lehrmann trial.<\/span>Credit: <\/span>Robert Shakespeare<\/cite><\/p>\n Lawyers for Drumgold, who resigned as ACT director of public prosecutions in the wake of the inquiry, argued for access to communications arranging Sofronoff\u2019s appearance at the event, which was advertised to discuss \u201cpolitics, journalism and social media v the presumption of innocence\u201d.<\/p>\n The hearing on Friday was part of Drumgold\u2019s legal action to overturn the Sofronoff inquiry\u2019s findings about his conduct and stop the ACT government from taking any action against him based on its report.<\/p>\n Lehrmann pleaded not guilty to raping his former colleague, Brittany Higgins, in a Parliament House ministerial office during the early hours of March 23, 2019, in a high-profile Supreme Court trial that was ultimately aborted in October last year due to juror misconduct. A retrial was abandoned due to Higgins\u2019 mental health, and Lehrmann has maintained his innocence since.<\/p>\n The case sparked several legal proceedings, including the inquiry into the handling of the trial after a public fallout between Drumgold and police, whom he accused of trying to undermine proceedings.<\/p>\n Former ACT director of public prosecutions Shane Drumgold.<\/span>Credit: <\/span>Rhett Wyman<\/cite><\/p>\n That allegation was found to be baseless by Sofronoff, who made several damning findings about Drumgold\u2019s conduct, including that he had lied to the court in the lead-up to the trial, and had improperly questioned a high-profile witness, former Coalition minister Linda Reynolds.<\/p>\n Drumgold\u2019s lawyers allege some of Sofronoff\u2019s findings against him were legally unreasonable, including that he breached his duty as a prosecutor. They also say Drumgold was not given a fair hearing in relation to other findings, and that some of the findings were out of the inquiry\u2019s jurisdiction.<\/p>\n Drumgold alleges the leaking of the inquiry report to select media outlets denied him natural justice and gave rise to a reasonable apprehension of bias on the part of Sofronoff.<\/p>\n Sofronoff had agreed to discuss the inquiry with Thomas on August 25, but cancelled after coming under fire for leaking the report, which he said he did with an embargo attached.<\/p>\n On Friday, during a directions hearing before ACT Supreme Court Acting Justice Stephen Kaye, Drumgold\u2019s lawyers sought any communications about the arrangement of Sofronoff\u2019s appearance before the Queensland Media Club.<\/p>\n Lawyers for Sofronoff opposed the application because he had \u201csubstantially admitted\u201d he had agreed to appear at the event to discuss issues raised by the inquiry.<\/p>\n But Dan O\u2019Gorman SC, representing Drumgold, said the admission made by Sofronoff did not go into the particulars of why he agreed.<\/p>\n \u201c[The admission] doesn\u2019t outline how that agreement was reached, the advertisement or the tweet advertising the gathering. [The admission] indicates Mr Sofronoff was to discuss \u2018issues raised by the inquiry\u2019 but there is nothing as to what those issues were,\u201d he said.<\/p>\n \u201cAnd there\u2019s nothing as to the role The Australian<\/em> \u2026 was set to play in hosting the event.\u201d<\/p>\n John Sheahan KC, the board of inquiry\u2019s lawyer also representing Sofronoff, argued his client\u2019s admission that he had agreed to the event was enough evidence and there was no need for further details.<\/p>\n \u201cI can understand my learned friend\u2019s curiosity \u2026 he\u2019d rather know when and how and what the issues were \u2026 but this court is not conducting a commission of inquiry into the commission of inquiry,\u201d he said.<\/p>\n Kaye asked Sheahan whether the evidence Drumgold\u2019s lawyers already had would \u201ccapture of itself the communications for the organisation of that address\u201d to which Sheahan admitted it would not.<\/p>\n Kaye directed the board\u2019s lawyers to hand over those communications.<\/p>\n The hearing continues.<\/p>\n<\/p>\n