A judge outside the Australian Capital Territory will be brought in to hear Shane Drumgold’s challenge to the findings of the Sofronoff inquiry to avoid any potential conflict.to quash Sofronoff’s findings about his handling of the prosecution of Bruce Lehrmann, alleging the inquiry denied him natural justice, breached the law and “gave rise to a reasonable apprehension of bias”.
The potential conflict compelled the court to search outside the ACT for someone to hear the judicial review application. McCallum has instead requested that the Victorian supreme court chief justice Anne Ferguson nominate an available judge from her jurisdiction, to ensure transparency and integrity of the process. Ferguson has nominated court of appeal judge Stephen Kaye.The court also heard that, on the current expected timetable, Drumgold’s challenge would not be heard until next year.
The inquiry was critical of Drumgold, saying he lost objectivity during the trial, tried to keep a document outlining police opinion’s about Higgins’ credibility away from Lehrmann’s lawyers, and misled a court about notes made regarding a meeting with Lisa Wilkinson, prior to her Logies speech which delayed the Lehrmann trial.