ACT government releases Walter Sofronoff KC's board of inquiry report after leak

The ACT government formally released the board of inquiry's final report on Monday, nearly a week after its findings were prematurely published in the media.

Chairman Walter Sofronoff KC's conclusions therefore come as no surprise, but his 839-page report reveals proposed adverse comments that were ultimately not made.

These included an invitation for Director of Public Prosecutions Shane Drumgold SC, who has since resigned, to explain why Mr Sofronoff should not recommend his sacking on grounds of "misbehaviour".

Mr Sofronoff also proposed recommending Mr Drumgold's removal from the roll of barristers after finding he engaged in serious misconduct during the prosecution of former Liberal staffer Bruce Lehrmann.

The inquiry's report shows Mr Drumgold's legal team, led by Mark Tedeschi KC, responded by successfully arguing such recommendations were outside the inquiry's terms of reference.

Mr Drumgold's lawyers argued it would be "scandalous" for Mr Sofronoff to make these proposals.

"With the greatest of respect, it is for others, and not for the inquiry, to make those characterisations," Mr Drumgold's legal team submitted before Mr Sofronoff finalised his report.

Mr Sofronoff ultimately agreed he could not say whether Mr Drumgold should be struck off or sacked.

"The answer may well depend on many more factors than those which I have considered and the few findings that I have made," he wrote in his report.

The findings of misconduct in relation to Mr Drumgold include that he knowingly lied to Chief Justice Lucy McCallum and "preyed on" the inexperience of a junior prosecutor while dishonestly withholding documents from Mr Lehrmann's lawyers.

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Mr Sofronoff also found the top prosecutor acted in a "grossly unethical" fashion when he attempted to impugn the credibility of Senator Linda Reynolds, who employed Mr Lehrmann and alleged victim Brittany Higgins at the time in question, by putting propositions to her without any proper basis.

When he announced his resignation on Sunday, Mr Drumgold admitted his conduct had been "less than perfect" but insisted he had not acted in an underhanded or dishonest manner.

Mr Sofronoff's findings cleared police officers involved in the matter of any breach of their duties, though he found they had made mistakes that included subjecting Ms Higgins to an unnecessary interview.

He also found the "extraordinary" nature of the case had left Victims of Crime Commissioner Heidi Yates facing "very difficult problems that nobody in her position had encountered before".

The chairman wrote that a general lack of understanding about Ms Yates' role had led to "a degree of unjustified public criticism" about the support she provided Ms Higgins during Mr Lehrmann's trial.

The trial was ultimately aborted because of juror misconduct, with the charge levelled at Mr Lehrmann, who maintains his innocence, later discontinued over fears for the mental health of Ms Higgins.

Following the formal release of the inquiry's report on Monday, the ACT Human Rights Commission welcomed the findings that Ms Yates had acted in accordance with her statutory duties.

"[Ms Yates] and Victim Support ACT have statutory responsibilities to provide support, advocacy and financial assistance to victims of crime in the territory, in recognition of the fact that victim-survivor engagement with the justice system can be a complex, protracted and harrowing experience," it said.

"Our services are provided to victims throughout police investigations and court proceedings.

"We also assist victims whose matters do not come before the justice system - for example, where no charges are laid, or when an alleged offender is deceased, cannot be identified, or is not criminally responsible due to age or mental impairment."

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