In July 2023, a final report was delivered to the ACT government by an investigator named Sofronoff, but it was not made public until August 7. The report found that the Lehrmann prosecution was brought about properly, but it also contained damaging findings against the former ACT director of public prosecutions, Shane Drumgold. Following the release of the report, Drumgold took legal action in the ACT Supreme Court to challenge the findings made against him by Sofronoff. He successfully argued that Sofronoff’s communications with Albrechtsen during the inquiry created a reasonable apprehension of bias, although it was not a finding of actual bias.
The integrity commission acknowledged that the court’s ruling in the litigation brought about by Drumgold rendered the findings against him legally invalid due to jurisdictional error. Despite this, the report had already been made public as a result of articles published in The Australian, so its release could not be prevented. The integrity commission stated that the failure to provide natural justice to Drumgold resulted in actual substantive injustice and was not just a technical error. This outcome was described as predictable and irreparable.
The findings in Sofronoff’s report, regarding the former director of public prosecutions, were damaging and led to legal proceedings being initiated by Drumgold. The court ultimately found that the findings against him were legally invalid due to a jurisdictional error, stemming from a reasonable apprehension of bias on Sofronoff’s part. This issue of bias, while not indicative of actual bias, created enough doubt to invalidate the findings made against Drumgold, according to the court’s judgment.
The integrity commission highlighted the importance of affording natural justice to individuals involved in such investigations, emphasizing that failure to do so can result in substantive injustice. Despite the legal proceedings that followed the release of the report, the findings against Drumgold were deemed legally invalid due to the jurisdictional error caused by the appearance of bias. This situation underscored the significance of maintaining impartiality and ensuring a fair and transparent process in such investigations.
The public release of the report, despite the legal challenges and jurisdictional errors surrounding its findings, raised questions about the integrity of the investigation process and the treatment of individuals involved. The need for transparency, fairness, and adherence to principles of natural justice in such investigations was highlighted by the outcome of this case. The impact of bias, whether actual or perceived, on the validity and credibility of investigative findings was a key factor in the legal proceedings that followed the release of Sofronoff’s report.
Moving forward, it is essential for investigative processes to be conducted with integrity, impartiality, and transparency to uphold the principles of natural justice and ensure fair treatment for all individuals involved. The findings against Drumgold in Sofronoff’s report raised concerns about bias and its implications for the validity of such investigations. The legal proceedings that followed underscored the importance of addressing issues of bias and ensuring a fair and transparent process in investigative matters. Efforts to prevent substantive injustice and uphold the integrity of investigative processes will be crucial in guiding future actions and decisions in similar cases.
