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The Canberra Times
The Canberra Times
Lanie Tindale

Supreme Court publishes messages between Sofronoff and News Corp


Shane Drumgold wrought evil and was "eager to lie to jail a man who may be innocent", Walter Sofronoff told an editor at The Australian newspaper.

Documents published by the ACT Supreme Court include emails and text messages between Mr Sofronoff and journalists at the News Corp publication.

Mr Sofronoff chaired an inquiry into the investigation and discontinued trial of Bruce Lehrmann.

In a report, he said then-director of public prosecutions Mr Drumgold engaged in "serious misconduct" in leading the prosecution.

Mr Drumgold sued the board of inquiry to try and quash the "poisoned" report. In March, the ACT Supreme Court ruled Mr Sofronoff's relationship with a columnist from The Australian, Janet Albrechtsen, gave rise to an apprehended bias against Mr Drumgold.

The pair had 273 communications - such as texts, emails and phone calls - in a seven-month period around the 2023 inquiry. A lawyer for Mr Sofronoff argued in hearings during Mr Drumgold's attempt to quash the report that his 273 "communications" and a private lunch with Albrechtsen were simply a result of her being "persistent".

'Dishonest friend'

The court has published documents and text message exchanges including many involving Janet Albrechtsen, inset bottom right, and Walter Sofronhoff, inset above right, during his inquiry into the prosecution of Bruce Lehrmann, led by Shane Drumgold, inset bottom left. Pictures supplied, ACM

In an email to The Australian editorial director Claire Harvey, Mr Sofronoff appeared to accuse Attorney-General Shane Rattenbury and ACT Chief Justice Lucy McCallum of trying to protect Mr Drumgold.

"It is shocking that the chief justice and attorney general prefer to defend their dishonest friend than address the evil wrought by a prosecutor who was eager to lie to jail a man who may be innocent. This is insanity," he wrote on August 9 last year.

"The evil effects of the behaviour of politicians and many journalists will persist for some time. Thank you truly for standing by me."

The correspondence followed revelations Mr Sofronoff had given Albrechtsen an "embargoed" board of inquiry report a day before the ACT government.

She published the findings before the government could and before the so-called embargo date.

Mr Sofronoff's email was in response to a "note of support" from Harvey.

"We deeply value the respect and trust you've shown journalists over the years," Harvey wrote.

"I - and all my colleagues who are about ethical journalism - hold you in the highest regard.

"PS: if you ever want to make a podcast, I'd love to help!"

'It will be savage'

Investigative journalist at The Australian, Hedley Thomas, congratulated Mr Sofronoff on his appointment to the board of inquiry on February 1 ("you'll be great. Catch up soon?" he wrote).

Mr Sofronoff replied the next day with a photo of himself and a photo of what looks like family members enjoying the snow.

They exchanged further messages and on the morning of February 4, Thomas said: "Your upcoming inquiry appears littered with political, legal and journalistic incendiary devices. Should be fascinating and up your alley."

"Yes that's true. It will be savage," Mr Sofronoff replied.

On that same Saturday, Mr Thomas emailed Mr Sofronoff with the subject line "Janet".

Text messages. Picture screenshots

Attached was a flattering column Albrechtsen wrote for The Australian about Mr Sofronoff's appointment.

"[Sofronoff] is not known for shying away from tough gigs," she had written.

"One of the most politically difficult tasks will be to explore the conduct of ACT Director of Public Prosecutions Shane Drumgold.

"We need a tough nut like Sofronoff to tell us what really happened ... Sofronoff has had a distinguished career and looks to be a first-rate choice for this inquiry."

Albrechtsen 'happy to collate her writings' for Sofronoff

In the email, Thomas wrote:

"Janet Albrechtsen is a lawyer and a conservative columnist for The Oz for many years. A number of my left leaning friends find her very persuasive. In all of my experiences with her she's been scrupulously straight and professional.

"Janet has been doing much of the post-verdict reporting and commentary on the Higgins case, including breaking several recent and very interesting stories about complaints being levelled against the DPP Drumgold and his behaviour.

"I think it would be fair to speculate that Janet's relationship with the defence team in the Higgins case would be much more rosy than with the DPP."

ACT Attorney-General Shane Rattenbury. Picture by Elesa Kurtz

On February 14, Mr Sofronoff sent a link to Mr Drumgold's Wikipedia page.

This was nearly three months before public hearings began.

"Self-curated. Interesting," Thomas replied.

Four days later Mr Sofronoff asked the journalist, "how do you know it's self curated?"

There is no text reply.

Albrechtsen texted Mr Sofronoff on February 22, saying Thomas passed on his number and she was keen to talk to him.

Text messages. Picture screenshots

The next day, Thomas texted Mr Sofronoff, saying about Albrechtsen:

"She is happy to collate her writings for you and your inquiry, and she agrees she's best placed to do it. I gave her your contact details so she will be in touch about it.

"Janet has done her homework and expressed great confidence in your appointment."

Albrechtsen and Mr Sofronoff had lunch in Brisbane on March 31.

Sofronoff compared to 'The Wolf'

Among messages sent between the pair, Albrechtsen told Mr Sofronoff there were memes of him online.

She sent him a collaged photo of him and Winston "The Wolf" Wolf from 1994 film Pulp Fiction.

Mr Sofronoff agreed to talk to Albrechtsen on April 19.

The next day she shared a phone contact appearing to be Bruce Lehrmann.

An image Janet Albrechtsen sent Walter Sofronoff of him and Winston "The Wolf" Wolf from 1994 film Pulp Fiction side-by-side

"As discussed," she wrote.

On April 28 Mr Sofronoff texted Albrechtsen a PDF called Attachment C.

"Any particular reason you've sent this?" the columnist asked.

"May I get a news piece up now about this?"

"Parties have it," Mr Sofronoff said, indicating lawyers involved had received the document.

That day Albrechtsen published a story saying the terms of reference of the Sofronoff inquiry had been widened to include Mr Drumgold's conduct.

'Strictly confidential' documents in text

The columnist sent Mr Sofronoff many messages in the first week of May, asking for clarification on subjects and to talk on the phone.

"Walter. can you spare one minute please this morning? Just writing something. I want to be careful and authoritative so need a little advice please," Albrechtsen wrote two days before the inquiry hearings begin.

Mr Sofronoff texts the columnist two PDF documents, which are labelled as the statements of two prosecutors involved in the Lehrmann criminal trial.

"Strictly confidential," he said on May 6.

"What a thing to do to two young professionals under your mentorship."

Mr Sofronoff said in his report that Mr Drumgold "preyed on" the inexperience of a junior solicitor.

'Explain my position'

The inquiry hearings ran from May 8 until June 1.

In that time, the pair texted with less regularity than before.

Albrechtsen continued to ask for advice and access to documents.

She asked him about muted sections as she tried to watch evidence at hearings remotely.

"Am I allowed to know what transpired during muted sections" the columnist asked.

Walter Sofronoff, left, and Janet Albrechtsen. Pictures supplied, Twitter/X

"I'll send you the transcript in the morning. Boring tedeschi," Mr Sofronoff replied, referring to Mark Tedeschi, Mr Drumgold's barrister.

On May 10, Albrechtsen wrote over text:

"If you're still speaking to me - or even if not -I would like very much to explain my position given your words today. So if you a few minutes before starting tomorrow and if you are open to hearing from me please let me know. I would be grateful."

She followed up with messages on May 12, May 17 and May 19. Mr Sofronoff did not reply via text message.

'Dancing on his grave'

On the morning of May 22, he asked: "What is the name of the editor of the Australian?"

Mr Sofronoff later said he emailed the editor, Michelle Gunn, to complain about a photo and headline on the front page of The Australian that day of Mr Drumgold holding a beer outside his house.

Mr Drumgold was on voluntary leave at the time, and the newspaper headline was "Crown lager or Drumgold bitter? Prosecutor calls beer o'clock".

Walter Sofronoff took issue with a photo of Shane Drumgold published by The Australian. Picture from Twitter/X

The Guardian reported Mr Sofronoff as saying, "my real worry is that the witnesses who've been willing to help me will think that this is part of the price [of cooperation]".

Gunn wrote a letter to Mr Sofronoff that day.

"We do consider it necessary to address the largely editorial issue you have raised about the purpose of the photo," she wrote.

"The publication of the photo was certainly not intended to demean or humiliate Mr Drumgold as your letter alleges [but] I have taken on board your criticisms and concerns".

In a text to a barrister helping Mr Sofronoff with the inquiry, Albrechtsen said "I do not like our front page today.

An email. Picture screenshots

"I can't bear the dancing on his grave. Too many people have been damaged by this saga," she wrote.

Albrechtsen allowed the barrister to pass her perspective on to Mr Sofronoff.

On July 12, the columnist asked for a draft of the board of inquiry report.

She asked for an embargoed report several times, which she received days before the government did.

It had not been publicly released by the government at that time.

Mr Sofronoff also gave a reporter at the Australian Broadcasting Corporation the embargoed report.

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