Lehrmann inquiry boss's win before corruption appeal
Walter Sofronoff KC is asking the Federal Court to toss out the ACT corruption watchdog's March decision, which stemmed from leaks to a journalist.
But lawyers for the ACT parliament's Speaker claimed the appeal should be dismissed because the Integrity Commission's report on Mr Sofronoff's inquiry is protected by parliamentary privilege.
Parliamentary privilege is designed to allow parliament to go about its business without outside interference, such as from the courts.
Mr Sofronoff's lawyer, Adam Pomerenke KC, argued parliamentary privilege did not extend to the report published by the watchdog on their website.
Justice Wendy Abraham on Wednesday granted leave for the ACT parliamentary Speaker to make submissions about privilege but warned she wasn't persuaded by their argument.
"I am not satisfied that the conduct of the proceedings on the material on which the applicant wishes to rely involves an infringement of section 16 of the Parliamentary Privileges Act," she said.
Justice Abraham will hand down her reasons at a later stage.
The decision cleared the way for Mr Sofronoff's appeal against the corrupt conduct findings, which will be heard in late July.
Mr Sofronoff chaired a board of inquiry into the ACT's criminal justice system after controversy plagued the prosecution of Lehrmann, accused of raping then-colleague Brittany Higgins in a ministerial office at Parliament House in 2019.
A 2022 criminal trial was abandoned without a verdict because of juror misconduct.
The Sofronoff inquiry found the ACT's top prosecutor, Shane Drumgold, had lost objectivity over the Lehrmann case and had knowingly lied about a note of his meeting with broadcaster Lisa Wilkinson.
The ACT Integrity Commission found the majority of the inquiry's findings were not legally unreasonable.
But it found Mr Sofronoff's behaviour during the inquiry gave rise to a reasonable apprehension of bias and he might have been influenced by the publicly expressed views of journalist Janet Albrechtsen.
Mr Sofronoff repeatedly messaged the News Corp journalist and eventually leaked her an advance copy of his probe's final report.
That leak led to the Integrity Commission's "serious corrupt conduct finding" in March.
Mr Sofronoff's appeal comes as Lehrmann is making his own bid to clear his name after he was found to have, on the balance of probabilities, raped Ms Higgins inside Parliament House.
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The Advertiser
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- The Advertiser
ACT business owner accused of spying on Canberra association for Chinese govt
A Canberra business owner has been accused of covertly gathering information about an ACT association on behalf of the Chinese government. Refusing the woman's bail application on Monday, August 4, Chief Magistrate Lorraine Walker said the allegation went to the "question of Australia's national security" and the protection of its citizens. Listening to proceedings through a Mandarin interpreter, the accused Chinese national did not enter a plea to a single count of reckless foreign interference after being refused ACT Magistrates Court bail. The now-permanent resident, aged in her 30s, first came to Australia in 2007 and owns a small business in Canberra. She cannot be named after the court agreed to temporarily suppress her name. The particulars of her charge allege that since 2022, she covertly and deceptively collected information on an organisation on behalf of, or in collaboration with, the government of the People's Republic of China. The accused woman is said to have been reckless as to whether her conduct would support the intelligence activities of the Chinese government. According to the Australian Federal Police, she was tasked with gathering information about the Canberra branch of a Buddhist association. "Police allege that the defendant was personally receiving taskings from a foreign principal, being a Chinese Public Security Bureau officer," the court heard. A Commonwealth prosecutor opposed the bid for conditional freedom, citing flight risk and evidence interference concerns. The court heard the woman's husband lived in China, she was intercepted telling an unknown person she planned to leave Australia, and she visited the Chinese consulate after police raided her home. Police also allege the woman of "substantial means" had received deposits from a Chinese-based financial institution. The prosecutor said the primary concern was the woman fleeing to China, which would "effectively end the investigation and prosecution". "There is ample motivation for the defendant to abscond," he said. He noted there was no extradition treaty between Australia and China, and the allegations of interference on behalf of the Chinese government made it more likely it would refuse any extradition request. A police officer involved in the case said investigators shared concerns about evidence on the woman's phone being remotely destroyed if she were released. Defence barrister James Maher said his client had significant financial and property ties to the ACT and was willing to put up a $50,000 surety. The court also heard the woman was a trusted member of Canberra's Chinese community. Mr Maher said his client was being closely watched and listened to by police and was "now well and truly aware she's squarely on their radar". The barrister successfully asked for a non-publication order on the accused woman's identity over concerns she might become the target of "action or reprisal" over the allegations. MORE COURT AND CRIME NEWS: He said her name being published would also act as a deterrent to her cooperating with Australian authorities. "She may choose to take that path, she may not," he said. Chief Magistrate Lorraine Walker agreed that publicly identifying the woman "would mean that the horse has bolted" in terms of her offering assistance. Following the woman's arrest, federal police Counter Terrorism and Special Investigations Assistant Commissioner Stephen Nutt said further charges had not been ruled out. "Foreign interference is a serious crime that undermines democracy and social cohesion," Assistant Commissioner Nutt said. "As with other like-minded countries, Australia is not immune to foreign interference, and we should not expect that this arrest will prevent further attempts to target our diaspora communities. "At a time of permanent regional contest, offenders will attempt to spy on individuals, groups and institutions in Australia." Australian Security Intelligence Organisation Director-General Mike Burgess said: "Foreign interference of the kind alleged is an appalling assault on Australian values, freedoms and sovereignty." "In this year's annual threat assessment, I called out these types of activities and put perpetrators on notice by stating, 'we are watching, and we have zero tolerance'. "Anyone who thinks it is acceptable to monitor, intimidate and potentially repatriate members of our diaspora communities should never underestimate our capabilities and resolve." According to the federal police, this is only the third time a foreign interference offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018. It's the first relating to alleged community interference. The woman is set to face court again in September. A Canberra business owner has been accused of covertly gathering information about an ACT association on behalf of the Chinese government. Refusing the woman's bail application on Monday, August 4, Chief Magistrate Lorraine Walker said the allegation went to the "question of Australia's national security" and the protection of its citizens. Listening to proceedings through a Mandarin interpreter, the accused Chinese national did not enter a plea to a single count of reckless foreign interference after being refused ACT Magistrates Court bail. The now-permanent resident, aged in her 30s, first came to Australia in 2007 and owns a small business in Canberra. She cannot be named after the court agreed to temporarily suppress her name. The particulars of her charge allege that since 2022, she covertly and deceptively collected information on an organisation on behalf of, or in collaboration with, the government of the People's Republic of China. The accused woman is said to have been reckless as to whether her conduct would support the intelligence activities of the Chinese government. According to the Australian Federal Police, she was tasked with gathering information about the Canberra branch of a Buddhist association. "Police allege that the defendant was personally receiving taskings from a foreign principal, being a Chinese Public Security Bureau officer," the court heard. A Commonwealth prosecutor opposed the bid for conditional freedom, citing flight risk and evidence interference concerns. The court heard the woman's husband lived in China, she was intercepted telling an unknown person she planned to leave Australia, and she visited the Chinese consulate after police raided her home. Police also allege the woman of "substantial means" had received deposits from a Chinese-based financial institution. The prosecutor said the primary concern was the woman fleeing to China, which would "effectively end the investigation and prosecution". "There is ample motivation for the defendant to abscond," he said. He noted there was no extradition treaty between Australia and China, and the allegations of interference on behalf of the Chinese government made it more likely it would refuse any extradition request. A police officer involved in the case said investigators shared concerns about evidence on the woman's phone being remotely destroyed if she were released. Defence barrister James Maher said his client had significant financial and property ties to the ACT and was willing to put up a $50,000 surety. The court also heard the woman was a trusted member of Canberra's Chinese community. Mr Maher said his client was being closely watched and listened to by police and was "now well and truly aware she's squarely on their radar". The barrister successfully asked for a non-publication order on the accused woman's identity over concerns she might become the target of "action or reprisal" over the allegations. MORE COURT AND CRIME NEWS: He said her name being published would also act as a deterrent to her cooperating with Australian authorities. "She may choose to take that path, she may not," he said. Chief Magistrate Lorraine Walker agreed that publicly identifying the woman "would mean that the horse has bolted" in terms of her offering assistance. Following the woman's arrest, federal police Counter Terrorism and Special Investigations Assistant Commissioner Stephen Nutt said further charges had not been ruled out. "Foreign interference is a serious crime that undermines democracy and social cohesion," Assistant Commissioner Nutt said. "As with other like-minded countries, Australia is not immune to foreign interference, and we should not expect that this arrest will prevent further attempts to target our diaspora communities. "At a time of permanent regional contest, offenders will attempt to spy on individuals, groups and institutions in Australia." Australian Security Intelligence Organisation Director-General Mike Burgess said: "Foreign interference of the kind alleged is an appalling assault on Australian values, freedoms and sovereignty." "In this year's annual threat assessment, I called out these types of activities and put perpetrators on notice by stating, 'we are watching, and we have zero tolerance'. "Anyone who thinks it is acceptable to monitor, intimidate and potentially repatriate members of our diaspora communities should never underestimate our capabilities and resolve." According to the federal police, this is only the third time a foreign interference offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018. It's the first relating to alleged community interference. The woman is set to face court again in September. A Canberra business owner has been accused of covertly gathering information about an ACT association on behalf of the Chinese government. Refusing the woman's bail application on Monday, August 4, Chief Magistrate Lorraine Walker said the allegation went to the "question of Australia's national security" and the protection of its citizens. Listening to proceedings through a Mandarin interpreter, the accused Chinese national did not enter a plea to a single count of reckless foreign interference after being refused ACT Magistrates Court bail. The now-permanent resident, aged in her 30s, first came to Australia in 2007 and owns a small business in Canberra. She cannot be named after the court agreed to temporarily suppress her name. The particulars of her charge allege that since 2022, she covertly and deceptively collected information on an organisation on behalf of, or in collaboration with, the government of the People's Republic of China. The accused woman is said to have been reckless as to whether her conduct would support the intelligence activities of the Chinese government. According to the Australian Federal Police, she was tasked with gathering information about the Canberra branch of a Buddhist association. "Police allege that the defendant was personally receiving taskings from a foreign principal, being a Chinese Public Security Bureau officer," the court heard. A Commonwealth prosecutor opposed the bid for conditional freedom, citing flight risk and evidence interference concerns. The court heard the woman's husband lived in China, she was intercepted telling an unknown person she planned to leave Australia, and she visited the Chinese consulate after police raided her home. Police also allege the woman of "substantial means" had received deposits from a Chinese-based financial institution. The prosecutor said the primary concern was the woman fleeing to China, which would "effectively end the investigation and prosecution". "There is ample motivation for the defendant to abscond," he said. He noted there was no extradition treaty between Australia and China, and the allegations of interference on behalf of the Chinese government made it more likely it would refuse any extradition request. A police officer involved in the case said investigators shared concerns about evidence on the woman's phone being remotely destroyed if she were released. Defence barrister James Maher said his client had significant financial and property ties to the ACT and was willing to put up a $50,000 surety. The court also heard the woman was a trusted member of Canberra's Chinese community. Mr Maher said his client was being closely watched and listened to by police and was "now well and truly aware she's squarely on their radar". The barrister successfully asked for a non-publication order on the accused woman's identity over concerns she might become the target of "action or reprisal" over the allegations. MORE COURT AND CRIME NEWS: He said her name being published would also act as a deterrent to her cooperating with Australian authorities. "She may choose to take that path, she may not," he said. Chief Magistrate Lorraine Walker agreed that publicly identifying the woman "would mean that the horse has bolted" in terms of her offering assistance. Following the woman's arrest, federal police Counter Terrorism and Special Investigations Assistant Commissioner Stephen Nutt said further charges had not been ruled out. "Foreign interference is a serious crime that undermines democracy and social cohesion," Assistant Commissioner Nutt said. "As with other like-minded countries, Australia is not immune to foreign interference, and we should not expect that this arrest will prevent further attempts to target our diaspora communities. "At a time of permanent regional contest, offenders will attempt to spy on individuals, groups and institutions in Australia." Australian Security Intelligence Organisation Director-General Mike Burgess said: "Foreign interference of the kind alleged is an appalling assault on Australian values, freedoms and sovereignty." "In this year's annual threat assessment, I called out these types of activities and put perpetrators on notice by stating, 'we are watching, and we have zero tolerance'. "Anyone who thinks it is acceptable to monitor, intimidate and potentially repatriate members of our diaspora communities should never underestimate our capabilities and resolve." According to the federal police, this is only the third time a foreign interference offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018. It's the first relating to alleged community interference. The woman is set to face court again in September. A Canberra business owner has been accused of covertly gathering information about an ACT association on behalf of the Chinese government. Refusing the woman's bail application on Monday, August 4, Chief Magistrate Lorraine Walker said the allegation went to the "question of Australia's national security" and the protection of its citizens. Listening to proceedings through a Mandarin interpreter, the accused Chinese national did not enter a plea to a single count of reckless foreign interference after being refused ACT Magistrates Court bail. The now-permanent resident, aged in her 30s, first came to Australia in 2007 and owns a small business in Canberra. She cannot be named after the court agreed to temporarily suppress her name. The particulars of her charge allege that since 2022, she covertly and deceptively collected information on an organisation on behalf of, or in collaboration with, the government of the People's Republic of China. The accused woman is said to have been reckless as to whether her conduct would support the intelligence activities of the Chinese government. According to the Australian Federal Police, she was tasked with gathering information about the Canberra branch of a Buddhist association. "Police allege that the defendant was personally receiving taskings from a foreign principal, being a Chinese Public Security Bureau officer," the court heard. A Commonwealth prosecutor opposed the bid for conditional freedom, citing flight risk and evidence interference concerns. The court heard the woman's husband lived in China, she was intercepted telling an unknown person she planned to leave Australia, and she visited the Chinese consulate after police raided her home. Police also allege the woman of "substantial means" had received deposits from a Chinese-based financial institution. The prosecutor said the primary concern was the woman fleeing to China, which would "effectively end the investigation and prosecution". "There is ample motivation for the defendant to abscond," he said. He noted there was no extradition treaty between Australia and China, and the allegations of interference on behalf of the Chinese government made it more likely it would refuse any extradition request. A police officer involved in the case said investigators shared concerns about evidence on the woman's phone being remotely destroyed if she were released. Defence barrister James Maher said his client had significant financial and property ties to the ACT and was willing to put up a $50,000 surety. The court also heard the woman was a trusted member of Canberra's Chinese community. Mr Maher said his client was being closely watched and listened to by police and was "now well and truly aware she's squarely on their radar". The barrister successfully asked for a non-publication order on the accused woman's identity over concerns she might become the target of "action or reprisal" over the allegations. MORE COURT AND CRIME NEWS: He said her name being published would also act as a deterrent to her cooperating with Australian authorities. "She may choose to take that path, she may not," he said. Chief Magistrate Lorraine Walker agreed that publicly identifying the woman "would mean that the horse has bolted" in terms of her offering assistance. Following the woman's arrest, federal police Counter Terrorism and Special Investigations Assistant Commissioner Stephen Nutt said further charges had not been ruled out. "Foreign interference is a serious crime that undermines democracy and social cohesion," Assistant Commissioner Nutt said. "As with other like-minded countries, Australia is not immune to foreign interference, and we should not expect that this arrest will prevent further attempts to target our diaspora communities. "At a time of permanent regional contest, offenders will attempt to spy on individuals, groups and institutions in Australia." Australian Security Intelligence Organisation Director-General Mike Burgess said: "Foreign interference of the kind alleged is an appalling assault on Australian values, freedoms and sovereignty." "In this year's annual threat assessment, I called out these types of activities and put perpetrators on notice by stating, 'we are watching, and we have zero tolerance'. "Anyone who thinks it is acceptable to monitor, intimidate and potentially repatriate members of our diaspora communities should never underestimate our capabilities and resolve." According to the federal police, this is only the third time a foreign interference offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018. It's the first relating to alleged community interference. The woman is set to face court again in September.
ABC News
a day ago
- ABC News
Chinese national charged under foreign interference laws
The Australian Federal Police have charged a person with foreign interference, for the third time since new laws were introduced in 2018. The woman, a Chinese national and Australian permanent resident, faced the ACT Magistrates Court today accused of covertly gathering information about the Canberra branch of Buddhist association Guan Yin Citta. The Australian Federal Police (AFP) says it is the first time the laws have been used to lay charges relating to alleged community interference. The AFP alleged the woman had been engaging in covert or deceptive conduct since 2022. The group, which is attached to the Mahayana Buddhist tradition, has been outlawed in China, and its Australian leader was barred from entering China in 2017, but is free to practice in Australia. The woman is also accused of having tasked associates to help her collect information on behalf of or in collaboration with China, or to support the intelligence activities of China. Evidence provided by an AFP informant to the court alleged the woman had received money from Chinese-based financial institutions. Police said they believed the woman had been receiving "personal taskings" from a Chinese public security bureau office through an encrypted app, which was allegedly found on the woman's phone during a raid of her premises last week. The charge carries a maximum penalty of 15 years imprisonment. The court heard the woman's husband, who was believed to be in China, held the role of vice captain in a public security ministry in a Chinese province. The woman, who cannot be named due to a temporary court suppression order, has been charged with the Commonwealth offence of reckless foreign interference. Her lawyer, James Maher, said naming the woman could make her a target for reprisal action and limit her pathways of cooperation with AFP authorities. He also applied for the woman to be bailed, but that application was denied on grounds that the woman was a flight risk and may interfere with digital evidence and witnesses. The Commonwealth, which opposed the application, claimed there was no evidence to support the risks the woman had claimed.
News.com.au
a day ago
- News.com.au
Chinese national charged with reckless foreign interference by Australian Federal Police
A woman has been charged by the Australian Federal Police with reckless foreign interference. The Chinese national was arrested under the Counter Foreign Interference Taskforce (CFITF) and charged with reckless foreign interference, contrary to section 92.3 of the Criminal Code Act 1995 (Cth). She is expected to appear in the ACT Magistrates Court on Monday. ​Assistant Commissioner Stephen Nutt of the AFP Counter Terrorism and Special Investigations is expected to address the media on Monday afternoon.
