WEBVTT - Lehrmann judge’s appeal against ‘corrupt’ finding

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<v Speaker 1>From the Australian. Here's what's on the front. I'm Claire Harvey.

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<v Speaker 1>It's Tuesday, July twenty two, twenty twenty five. Cheaper doctors'

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<v Speaker 1>visits helped get Anthony Albanezi re elected, but his own

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<v Speaker 1>Health Department says nearly a quarter of gps are unlikely

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<v Speaker 1>to take up the bulk billing incentive. That story, plus

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<v Speaker 1>all our coverage of what's shaping up as a rip

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<v Speaker 1>roaring return to Federal Parliament, is live now at the

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<v Speaker 1>Australian dot com dot au. The fallout from the Bruce

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<v Speaker 1>Lamon Brittany Higgins matter just keeps on coming. Now. It's

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<v Speaker 1>one of Australia's most famous former judges fighting for his

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<v Speaker 1>reputation and his professional life today Walter Sofronoff's Federal court

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<v Speaker 1>appeal against corruption findings. It's one of those criminal cases

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<v Speaker 1>Australians have been able to forget.

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<v Speaker 2>The hunt for Allison baden Clay has intensified, with police

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<v Speaker 2>now searching industrial garbage bins for evidence.

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<v Speaker 1>The twenty twelve disappearance of Brisbane mother Allison baden Clay,

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<v Speaker 1>an executive, a devoted mum of three little girls. Thank

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<v Speaker 1>you Police emergency what's your location?

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<v Speaker 3>Good morning Brookfield.

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<v Speaker 1>One Friday morning, her husband Jared rang Triple O to

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<v Speaker 1>say he was worried and what's happening there.

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<v Speaker 4>I don't want to be alarmist and I tried to

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<v Speaker 4>one three one number, but just went on forever. YEA

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<v Speaker 4>my wife at the time.

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<v Speaker 5>I don't know where she is.

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<v Speaker 1>He spoke to the journalists who'd flocked to his front yard.

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<v Speaker 4>I'm trying to look after my children at the moment.

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<v Speaker 1>They've got three young girls and.

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<v Speaker 4>We really trust that the police are doing everything they

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<v Speaker 4>can to find my wife and hope that she'll come home.

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<v Speaker 1>So you can guess what came next. A body has

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<v Speaker 1>been found in the search for missing Brisbane woman Alison

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<v Speaker 1>baden Clay. An Jared baden Clay was charged with murder

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<v Speaker 1>and convicted after the jury was told he had fingernail

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<v Speaker 1>scratches on his face and shown evidence he was having

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<v Speaker 1>an affair, But Jared baden Clay successfully appealed to the

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<v Speaker 1>Queensland Court of Appeal. It downgraded his conviction from murder

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<v Speaker 1>to manslaughter, excepting it was possible Allison died accidentally during

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<v Speaker 1>a violent fight with her husband. It was a crisis

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<v Speaker 1>for the justice system a guilty man led off the hook.

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<v Speaker 1>Alison baden Clay's family and friends have asked supporters to

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<v Speaker 1>join them in showing their anger and sadness over the decision.

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<v Speaker 1>Then an eminent lawyer put his hand up to take

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<v Speaker 1>the case to the High Court, Walter Sofronoff KC, whose

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<v Speaker 1>career had ranged across the criminal defense bar and a

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<v Speaker 1>stint as Queensland's Solicitor General. He was famous in media

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<v Speaker 1>circles for being a lawyer who was happy to talk

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<v Speaker 1>to journo's and believed the press had a strong role

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<v Speaker 1>to play in open justice. Full disclosure here. Like many

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<v Speaker 1>journalists I've dealt with Sofronov over the years, Sofronov was

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<v Speaker 1>successful in the baden Clay case. He convinced the justices

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<v Speaker 1>of the High Court to restore Jared baiden Clay's conviction

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<v Speaker 1>for brutally murdering his wife. He charged Queensland taxpayers a

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<v Speaker 1>nominal fee a few hundred dollars instead of the tens

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<v Speaker 1>of thousands a senior silk like him could have got

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<v Speaker 1>for running such a case. His Sofronov talking to the

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<v Speaker 1>Rule of Law Center, a nonprofit about that case why

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<v Speaker 1>would he lie.

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<v Speaker 3>He would only lie if he was awake at one

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<v Speaker 3>point thirty when that phone was charged. Therefore he did

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<v Speaker 3>not go to bed at nine. Therefore he did not

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<v Speaker 3>leave her there and not know what happened to her.

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<v Speaker 3>Therefore he knows what happened to her. Therefore he got

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<v Speaker 3>rid of the body. And if he got rid of

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<v Speaker 3>the body, then he killed her.

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<v Speaker 1>That sent Sofronov into the legal stratosphere. He became President

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<v Speaker 1>of the Queensland Court of Appeal and later became a

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<v Speaker 1>judge of choice for Royal Commission type work, including the

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<v Speaker 1>inquiry into the Grantham floods and into Queensland's disastrous DNA laboratory.

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<v Speaker 3>I was astounded at what I found. We found some

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<v Speaker 3>very very disturbing and troubling things that were happening in

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<v Speaker 3>the DNA laboratory.

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<v Speaker 1>Then came the legal drama that has sprawled across state

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<v Speaker 1>and territory boundaries and jurisdictions, from criminal to civil law,

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<v Speaker 1>sexual assault to defamation and beyond. It's Brittany Higgins and

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<v Speaker 1>Bruce Lahmon, the young political staffers who's encounter one night

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<v Speaker 1>in twenty nine teen at Federal Parliament in Canberra resulted

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<v Speaker 1>in Laman being found by the Federal Court to have,

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<v Speaker 1>on the balance of probabilities, sexually assaulted Higgins. Before that,

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<v Speaker 1>there'd been a criminal trial where Laman, who's always pleaded

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<v Speaker 1>not guilty, had been charged and tried for rape but

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<v Speaker 1>not convicted after a jury was discharged thanks to what

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<v Speaker 1>the presiding judge in the Act Supreme Court said was

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<v Speaker 1>misconduct by one jury member. Lahman was not tried again,

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<v Speaker 1>and while that case spiraled off into a defamation proceeding

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<v Speaker 1>between Lamen and Network Ten, which Ten ultimately won, the

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<v Speaker 1>Act Supreme Court matter took on a life of its own.

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<v Speaker 1>The Act government commissioned guess who Walter Sofronoff to inquire

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<v Speaker 1>into the charging and prosecution of Laman. In twenty twenty three.

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<v Speaker 1>Sofronoff found that the Act's Director of Public Prosecutions, Shane Drumgold,

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<v Speaker 1>had misled the court and failed to live up to

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<v Speaker 1>his obligations to disclose material to Lahman's lawyers. Drumgold, who

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<v Speaker 1>had retired as DPP, vehemently denied all this and successfully

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<v Speaker 1>challenged the Sofronov report, accusing the commissioner of bias against him.

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<v Speaker 1>The Act Supreme Court found Sofronov had communicated during the

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<v Speaker 1>hearings with journalists, including The Australian's own Janet al Bresen,

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<v Speaker 1>and given them advance copies of his findings. The court

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<v Speaker 1>said this gave rise to an apprehension Sofronov's findings against

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<v Speaker 1>Drum Gold might have been biased. Here's what Janet al

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<v Speaker 1>Bresen has written about that. We've used a voice actor.

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<v Speaker 2>Unlike many other media outlets. I put many questions to

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<v Speaker 2>Sofronov before and during the inquiry to fully understand the

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<v Speaker 2>issues so we could fully explain serious issues about our

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<v Speaker 2>criminal justice system to readers. If I ask more questions

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<v Speaker 2>than other journalists, I make no apologies for that.

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<v Speaker 1>Later, the Act Integrity Commission found was A Sofronoff, the

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<v Speaker 1>former hero of the Bar the Rockstar Commissioner, had engaged

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<v Speaker 1>in serious corrupt conduct. Now Walter Sofronov is fighting back

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<v Speaker 1>in a Federal court action against the Act Integrity Commission's report.

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<v Speaker 1>It's been a long road to court, including an unsuccessful

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<v Speaker 1>attempt by the Act Government to have the case thrown

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<v Speaker 1>out on the grounds the report was protected by parliamentary privilege.

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<v Speaker 1>On Monday, the Federal Court heard a barrister for Sofronov,

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<v Speaker 1>Adam Pomeranki KC argue that the Commission had no basis

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<v Speaker 1>for finding Sofronov's conduct to be corrupt at all. He

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<v Speaker 1>is a voice actor. Reading Pomeranki's words.

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<v Speaker 4>The finding of serious corrupt conduct is affected by a

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<v Speaker 4>jurisdictional error and therefore cannot stand.

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<v Speaker 1>Coming up why Walter Sofronov says the Act Integrity Commission

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<v Speaker 1>got it wrong. In court on Monday was the Sofronov's

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<v Speaker 1>lawyer argued the Integrity Commission made mistakes. Pomeranki said the

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<v Speaker 1>watchdog misunderstood the definition of corruption.

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<v Speaker 4>Each individual error that we're able to prove is bound

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<v Speaker 4>up in the rolled up conclusions of serious corrupt conduct

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<v Speaker 4>and cannot be disentangled.

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<v Speaker 1>And Pomeranki said the Integrity Commission was also wrong about

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<v Speaker 1>the legal definition of integrity.

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<v Speaker 4>It seriously dilutes and distorted the very notion of corruption.

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<v Speaker 4>The Integrity Commission, on its proper construction, doesn't permit this

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<v Speaker 4>basic misuse of language.

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<v Speaker 1>Tomarenki said the suggestion in the Operation Juno report from

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<v Speaker 1>the Commission that Sofronov had become a fellow traveler of

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<v Speaker 1>Jared Albregsen was a stretch.

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<v Speaker 4>None of this looks remotely like the ordinary conception of corruption.

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<v Speaker 4>Acting Justice Ka made no sugestion at all of actual bias.

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<v Speaker 4>Fallow Traveler is a meaningless slogan. What is it supposed

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<v Speaker 4>to mean? Even if mister Sofronov was wrong in his view,

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<v Speaker 4>the fact remains that he genuinely and honestly held it.

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<v Speaker 4>This is not a corrupt, dishonest or malicious motive. At worst,

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<v Speaker 4>it could be characterized as an erroneous attempt to ensure

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<v Speaker 4>accuracy and transparency in public discourse.

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<v Speaker 1>THEICT Integrity Commission is represented by Scott Robertson. Sc You

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<v Speaker 1>might remember him as the barrister who questioned former New

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<v Speaker 1>South Wales Premier Gladyspireagiclian before New South Wales Eykak when

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<v Speaker 1>she was accused of serious corrupt conduct. On Monday, Robertson

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<v Speaker 1>told the court Walter Sofernoff's submissions don't actually address the

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<v Speaker 1>conduct the ACT Integrity Commission found to be corrupt. Robertson

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<v Speaker 1>said giving out information during the proceedings constituted at least misbehavior,

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<v Speaker 1>and said giving out the final report could.

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<v Speaker 5>Not, on any reasonable view, be regarded as lawful and

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<v Speaker 5>no error has been demonstrated in the Commission's finding.

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<v Speaker 1>To the contrary, Robertson said the Commission had acted within

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<v Speaker 1>its remit.

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<v Speaker 5>Part of the purpose of an inquiry under this Act

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<v Speaker 5>involves disclosing to the public matters of public concern, and

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<v Speaker 5>so that might justify some of the communications with journalists

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<v Speaker 5>during the course of the inquiry being on foot. What

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<v Speaker 5>it doesn't justify in our submissions is the particular engagement

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<v Speaker 5>referred to as the disclosure of the confidential matter.

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<v Speaker 1>The Federal Court hearing continues on Tuesday. For all the

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<v Speaker 1>latest visit the Australian dot com au