1 00:00:03,960 --> 00:00:06,880 Speaker 1: From the Australian. Here's what's on the front. I'm Claire Harvey. 2 00:00:06,960 --> 00:00:13,360 Speaker 1: It's Tuesday, July twenty two, twenty twenty five. Cheaper doctors' 3 00:00:13,400 --> 00:00:17,000 Speaker 1: visits helped get Anthony Albanezi re elected, but his own 4 00:00:17,040 --> 00:00:20,680 Speaker 1: Health Department says nearly a quarter of gps are unlikely 5 00:00:20,800 --> 00:00:24,400 Speaker 1: to take up the bulk billing incentive. That story, plus 6 00:00:24,480 --> 00:00:26,880 Speaker 1: all our coverage of what's shaping up as a rip 7 00:00:27,000 --> 00:00:30,240 Speaker 1: roaring return to Federal Parliament, is live now at the 8 00:00:30,360 --> 00:00:37,440 Speaker 1: Australian dot com dot au. The fallout from the Bruce 9 00:00:37,520 --> 00:00:41,520 Speaker 1: Lamon Brittany Higgins matter just keeps on coming. Now. It's 10 00:00:41,560 --> 00:00:45,400 Speaker 1: one of Australia's most famous former judges fighting for his 11 00:00:45,520 --> 00:00:51,040 Speaker 1: reputation and his professional life today Walter Sofronoff's Federal court 12 00:00:51,080 --> 00:00:58,720 Speaker 1: appeal against corruption findings. It's one of those criminal cases 13 00:00:58,800 --> 00:01:01,200 Speaker 1: Australians have been able to forget. 14 00:01:01,800 --> 00:01:05,440 Speaker 2: The hunt for Allison baden Clay has intensified, with police 15 00:01:05,480 --> 00:01:08,520 Speaker 2: now searching industrial garbage bins for evidence. 16 00:01:09,640 --> 00:01:13,279 Speaker 1: The twenty twelve disappearance of Brisbane mother Allison baden Clay, 17 00:01:13,720 --> 00:01:18,360 Speaker 1: an executive, a devoted mum of three little girls. Thank 18 00:01:18,400 --> 00:01:20,040 Speaker 1: you Police emergency what's your location? 19 00:01:20,640 --> 00:01:21,840 Speaker 3: Good morning Brookfield. 20 00:01:23,120 --> 00:01:26,880 Speaker 1: One Friday morning, her husband Jared rang Triple O to 21 00:01:26,920 --> 00:01:29,440 Speaker 1: say he was worried and what's happening there. 22 00:01:31,240 --> 00:01:32,760 Speaker 4: I don't want to be alarmist and I tried to 23 00:01:32,840 --> 00:01:36,720 Speaker 4: one three one number, but just went on forever. YEA 24 00:01:37,959 --> 00:01:39,000 Speaker 4: my wife at the time. 25 00:01:43,160 --> 00:01:43,959 Speaker 5: I don't know where she is. 26 00:01:45,720 --> 00:01:48,960 Speaker 1: He spoke to the journalists who'd flocked to his front yard. 27 00:01:49,800 --> 00:01:51,800 Speaker 4: I'm trying to look after my children at the moment. 28 00:01:51,880 --> 00:01:53,160 Speaker 1: They've got three young girls and. 29 00:01:55,520 --> 00:01:57,640 Speaker 4: We really trust that the police are doing everything they 30 00:01:57,680 --> 00:02:01,360 Speaker 4: can to find my wife and hope that she'll come home. 31 00:02:01,400 --> 00:02:05,440 Speaker 1: So you can guess what came next. A body has 32 00:02:05,480 --> 00:02:08,400 Speaker 1: been found in the search for missing Brisbane woman Alison 33 00:02:08,440 --> 00:02:13,160 Speaker 1: baden Clay. An Jared baden Clay was charged with murder 34 00:02:13,200 --> 00:02:16,560 Speaker 1: and convicted after the jury was told he had fingernail 35 00:02:16,560 --> 00:02:20,240 Speaker 1: scratches on his face and shown evidence he was having 36 00:02:20,280 --> 00:02:24,320 Speaker 1: an affair, But Jared baden Clay successfully appealed to the 37 00:02:24,360 --> 00:02:28,680 Speaker 1: Queensland Court of Appeal. It downgraded his conviction from murder 38 00:02:28,760 --> 00:02:33,920 Speaker 1: to manslaughter, excepting it was possible Allison died accidentally during 39 00:02:34,000 --> 00:02:38,040 Speaker 1: a violent fight with her husband. It was a crisis 40 00:02:38,080 --> 00:02:41,320 Speaker 1: for the justice system a guilty man led off the hook. 41 00:02:42,080 --> 00:02:45,760 Speaker 1: Alison baden Clay's family and friends have asked supporters to 42 00:02:45,880 --> 00:02:49,560 Speaker 1: join them in showing their anger and sadness over the decision. 43 00:02:50,680 --> 00:02:53,920 Speaker 1: Then an eminent lawyer put his hand up to take 44 00:02:53,960 --> 00:02:58,160 Speaker 1: the case to the High Court, Walter Sofronoff KC, whose 45 00:02:58,200 --> 00:03:01,200 Speaker 1: career had ranged across the criminal defense bar and a 46 00:03:01,280 --> 00:03:05,320 Speaker 1: stint as Queensland's Solicitor General. He was famous in media 47 00:03:05,360 --> 00:03:08,160 Speaker 1: circles for being a lawyer who was happy to talk 48 00:03:08,200 --> 00:03:11,600 Speaker 1: to journo's and believed the press had a strong role 49 00:03:11,680 --> 00:03:15,799 Speaker 1: to play in open justice. Full disclosure here. Like many 50 00:03:15,880 --> 00:03:20,840 Speaker 1: journalists I've dealt with Sofronov over the years, Sofronov was 51 00:03:20,880 --> 00:03:24,760 Speaker 1: successful in the baden Clay case. He convinced the justices 52 00:03:24,800 --> 00:03:27,840 Speaker 1: of the High Court to restore Jared baiden Clay's conviction 53 00:03:28,280 --> 00:03:32,920 Speaker 1: for brutally murdering his wife. He charged Queensland taxpayers a 54 00:03:32,960 --> 00:03:36,560 Speaker 1: nominal fee a few hundred dollars instead of the tens 55 00:03:36,560 --> 00:03:39,720 Speaker 1: of thousands a senior silk like him could have got 56 00:03:39,960 --> 00:03:43,480 Speaker 1: for running such a case. His Sofronov talking to the 57 00:03:43,600 --> 00:03:48,119 Speaker 1: Rule of Law Center, a nonprofit about that case why 58 00:03:48,120 --> 00:03:49,480 Speaker 1: would he lie. 59 00:03:51,320 --> 00:03:54,280 Speaker 3: He would only lie if he was awake at one 60 00:03:54,280 --> 00:03:57,480 Speaker 3: point thirty when that phone was charged. Therefore he did 61 00:03:57,520 --> 00:04:00,760 Speaker 3: not go to bed at nine. Therefore he did not 62 00:04:00,920 --> 00:04:03,360 Speaker 3: leave her there and not know what happened to her. 63 00:04:04,080 --> 00:04:07,400 Speaker 3: Therefore he knows what happened to her. Therefore he got 64 00:04:07,440 --> 00:04:09,400 Speaker 3: rid of the body. And if he got rid of 65 00:04:09,400 --> 00:04:10,720 Speaker 3: the body, then he killed her. 66 00:04:12,080 --> 00:04:15,920 Speaker 1: That sent Sofronov into the legal stratosphere. He became President 67 00:04:15,920 --> 00:04:18,640 Speaker 1: of the Queensland Court of Appeal and later became a 68 00:04:18,720 --> 00:04:22,359 Speaker 1: judge of choice for Royal Commission type work, including the 69 00:04:22,440 --> 00:04:28,159 Speaker 1: inquiry into the Grantham floods and into Queensland's disastrous DNA laboratory. 70 00:04:29,000 --> 00:04:34,760 Speaker 3: I was astounded at what I found. We found some 71 00:04:34,920 --> 00:04:39,719 Speaker 3: very very disturbing and troubling things that were happening in 72 00:04:39,800 --> 00:04:42,240 Speaker 3: the DNA laboratory. 73 00:04:43,080 --> 00:04:46,200 Speaker 1: Then came the legal drama that has sprawled across state 74 00:04:46,240 --> 00:04:50,600 Speaker 1: and territory boundaries and jurisdictions, from criminal to civil law, 75 00:04:50,839 --> 00:04:55,080 Speaker 1: sexual assault to defamation and beyond. It's Brittany Higgins and 76 00:04:55,240 --> 00:04:59,200 Speaker 1: Bruce Lahmon, the young political staffers who's encounter one night 77 00:04:59,240 --> 00:05:02,440 Speaker 1: in twenty nine teen at Federal Parliament in Canberra resulted 78 00:05:02,480 --> 00:05:05,480 Speaker 1: in Laman being found by the Federal Court to have, 79 00:05:05,760 --> 00:05:10,240 Speaker 1: on the balance of probabilities, sexually assaulted Higgins. Before that, 80 00:05:10,360 --> 00:05:13,640 Speaker 1: there'd been a criminal trial where Laman, who's always pleaded 81 00:05:13,640 --> 00:05:16,920 Speaker 1: not guilty, had been charged and tried for rape but 82 00:05:17,040 --> 00:05:20,800 Speaker 1: not convicted after a jury was discharged thanks to what 83 00:05:20,880 --> 00:05:24,159 Speaker 1: the presiding judge in the Act Supreme Court said was 84 00:05:24,279 --> 00:05:29,200 Speaker 1: misconduct by one jury member. Lahman was not tried again, 85 00:05:29,640 --> 00:05:33,000 Speaker 1: and while that case spiraled off into a defamation proceeding 86 00:05:33,040 --> 00:05:36,960 Speaker 1: between Lamen and Network Ten, which Ten ultimately won, the 87 00:05:37,040 --> 00:05:40,239 Speaker 1: Act Supreme Court matter took on a life of its own. 88 00:05:41,000 --> 00:05:45,320 Speaker 1: The Act government commissioned guess who Walter Sofronoff to inquire 89 00:05:45,360 --> 00:05:49,560 Speaker 1: into the charging and prosecution of Laman. In twenty twenty three. 90 00:05:49,680 --> 00:05:54,280 Speaker 1: Sofronoff found that the Act's Director of Public Prosecutions, Shane Drumgold, 91 00:05:54,440 --> 00:05:56,719 Speaker 1: had misled the court and failed to live up to 92 00:05:56,760 --> 00:06:01,800 Speaker 1: his obligations to disclose material to Lahman's lawyers. Drumgold, who 93 00:06:01,839 --> 00:06:06,200 Speaker 1: had retired as DPP, vehemently denied all this and successfully 94 00:06:06,320 --> 00:06:10,520 Speaker 1: challenged the Sofronov report, accusing the commissioner of bias against him. 95 00:06:11,160 --> 00:06:14,560 Speaker 1: The Act Supreme Court found Sofronov had communicated during the 96 00:06:14,600 --> 00:06:18,760 Speaker 1: hearings with journalists, including The Australian's own Janet al Bresen, 97 00:06:19,160 --> 00:06:23,400 Speaker 1: and given them advance copies of his findings. The court 98 00:06:23,440 --> 00:06:27,640 Speaker 1: said this gave rise to an apprehension Sofronov's findings against 99 00:06:27,760 --> 00:06:31,960 Speaker 1: Drum Gold might have been biased. Here's what Janet al 100 00:06:31,960 --> 00:06:35,000 Speaker 1: Bresen has written about that. We've used a voice actor. 101 00:06:36,240 --> 00:06:39,680 Speaker 2: Unlike many other media outlets. I put many questions to 102 00:06:39,720 --> 00:06:43,800 Speaker 2: Sofronov before and during the inquiry to fully understand the 103 00:06:43,880 --> 00:06:47,880 Speaker 2: issues so we could fully explain serious issues about our 104 00:06:47,880 --> 00:06:52,120 Speaker 2: criminal justice system to readers. If I ask more questions 105 00:06:52,160 --> 00:06:55,240 Speaker 2: than other journalists, I make no apologies for that. 106 00:06:56,600 --> 00:06:59,920 Speaker 1: Later, the Act Integrity Commission found was A Sofronoff, the 107 00:07:00,160 --> 00:07:04,080 Speaker 1: former hero of the Bar the Rockstar Commissioner, had engaged 108 00:07:04,160 --> 00:07:08,920 Speaker 1: in serious corrupt conduct. Now Walter Sofronov is fighting back 109 00:07:09,000 --> 00:07:12,600 Speaker 1: in a Federal court action against the Act Integrity Commission's report. 110 00:07:12,880 --> 00:07:15,880 Speaker 1: It's been a long road to court, including an unsuccessful 111 00:07:15,920 --> 00:07:18,880 Speaker 1: attempt by the Act Government to have the case thrown 112 00:07:18,920 --> 00:07:23,440 Speaker 1: out on the grounds the report was protected by parliamentary privilege. 113 00:07:23,560 --> 00:07:26,480 Speaker 1: On Monday, the Federal Court heard a barrister for Sofronov, 114 00:07:26,600 --> 00:07:30,880 Speaker 1: Adam Pomeranki KC argue that the Commission had no basis 115 00:07:30,960 --> 00:07:34,840 Speaker 1: for finding Sofronov's conduct to be corrupt at all. He 116 00:07:34,960 --> 00:07:37,760 Speaker 1: is a voice actor. Reading Pomeranki's words. 117 00:07:38,320 --> 00:07:41,400 Speaker 4: The finding of serious corrupt conduct is affected by a 118 00:07:41,480 --> 00:07:45,120 Speaker 4: jurisdictional error and therefore cannot stand. 119 00:07:48,720 --> 00:07:52,280 Speaker 1: Coming up why Walter Sofronov says the Act Integrity Commission 120 00:07:52,360 --> 00:08:07,560 Speaker 1: got it wrong. In court on Monday was the Sofronov's 121 00:08:07,600 --> 00:08:11,800 Speaker 1: lawyer argued the Integrity Commission made mistakes. Pomeranki said the 122 00:08:11,800 --> 00:08:14,520 Speaker 1: watchdog misunderstood the definition of corruption. 123 00:08:15,520 --> 00:08:18,520 Speaker 4: Each individual error that we're able to prove is bound 124 00:08:18,680 --> 00:08:22,080 Speaker 4: up in the rolled up conclusions of serious corrupt conduct 125 00:08:22,520 --> 00:08:23,960 Speaker 4: and cannot be disentangled. 126 00:08:24,880 --> 00:08:28,120 Speaker 1: And Pomeranki said the Integrity Commission was also wrong about 127 00:08:28,160 --> 00:08:30,200 Speaker 1: the legal definition of integrity. 128 00:08:31,120 --> 00:08:35,440 Speaker 4: It seriously dilutes and distorted the very notion of corruption. 129 00:08:36,000 --> 00:08:39,840 Speaker 4: The Integrity Commission, on its proper construction, doesn't permit this 130 00:08:40,040 --> 00:08:41,760 Speaker 4: basic misuse of language. 131 00:08:42,320 --> 00:08:46,200 Speaker 1: Tomarenki said the suggestion in the Operation Juno report from 132 00:08:46,200 --> 00:08:49,520 Speaker 1: the Commission that Sofronov had become a fellow traveler of 133 00:08:49,600 --> 00:08:51,600 Speaker 1: Jared Albregsen was a stretch. 134 00:08:52,640 --> 00:08:56,079 Speaker 4: None of this looks remotely like the ordinary conception of corruption. 135 00:08:57,360 --> 00:09:02,319 Speaker 4: Acting Justice Ka made no sugestion at all of actual bias. 136 00:09:02,960 --> 00:09:07,079 Speaker 4: Fallow Traveler is a meaningless slogan. What is it supposed 137 00:09:07,120 --> 00:09:10,800 Speaker 4: to mean? Even if mister Sofronov was wrong in his view, 138 00:09:10,880 --> 00:09:14,600 Speaker 4: the fact remains that he genuinely and honestly held it. 139 00:09:15,600 --> 00:09:20,120 Speaker 4: This is not a corrupt, dishonest or malicious motive. At worst, 140 00:09:20,200 --> 00:09:23,840 Speaker 4: it could be characterized as an erroneous attempt to ensure 141 00:09:23,880 --> 00:09:27,199 Speaker 4: accuracy and transparency in public discourse. 142 00:09:29,960 --> 00:09:34,440 Speaker 1: THEICT Integrity Commission is represented by Scott Robertson. Sc You 143 00:09:34,520 --> 00:09:37,440 Speaker 1: might remember him as the barrister who questioned former New 144 00:09:37,480 --> 00:09:41,760 Speaker 1: South Wales Premier Gladyspireagiclian before New South Wales Eykak when 145 00:09:41,920 --> 00:09:46,160 Speaker 1: she was accused of serious corrupt conduct. On Monday, Robertson 146 00:09:46,200 --> 00:09:49,560 Speaker 1: told the court Walter Sofernoff's submissions don't actually address the 147 00:09:49,600 --> 00:09:53,560 Speaker 1: conduct the ACT Integrity Commission found to be corrupt. Robertson 148 00:09:53,559 --> 00:09:58,120 Speaker 1: said giving out information during the proceedings constituted at least misbehavior, 149 00:09:58,520 --> 00:10:01,559 Speaker 1: and said giving out the final report could. 150 00:10:01,280 --> 00:10:04,360 Speaker 5: Not, on any reasonable view, be regarded as lawful and 151 00:10:04,400 --> 00:10:06,920 Speaker 5: no error has been demonstrated in the Commission's finding. 152 00:10:07,040 --> 00:10:11,520 Speaker 1: To the contrary, Robertson said the Commission had acted within 153 00:10:11,559 --> 00:10:12,160 Speaker 1: its remit. 154 00:10:13,000 --> 00:10:15,560 Speaker 5: Part of the purpose of an inquiry under this Act 155 00:10:15,880 --> 00:10:19,400 Speaker 5: involves disclosing to the public matters of public concern, and 156 00:10:19,480 --> 00:10:22,520 Speaker 5: so that might justify some of the communications with journalists 157 00:10:22,640 --> 00:10:26,200 Speaker 5: during the course of the inquiry being on foot. What 158 00:10:26,320 --> 00:10:30,240 Speaker 5: it doesn't justify in our submissions is the particular engagement 159 00:10:30,280 --> 00:10:33,000 Speaker 5: referred to as the disclosure of the confidential matter. 160 00:10:44,040 --> 00:10:46,920 Speaker 1: The Federal Court hearing continues on Tuesday. For all the 161 00:10:47,040 --> 00:10:49,960 Speaker 1: latest visit the Australian dot com au