Latest news with #judicialinquiry
News.com.au
a day ago
- Politics
- News.com.au
Walter Sofronoff fights against corruption findings during inquiry into Bruce Lehrmann's prosecution
Lawyers have rejected suggestions a corrupt motive could've driven a former judge to prematurely send out copies of a report into the prosecution of Bruce Lehrmann to journalists, arguing 'at worst' it was an 'erroneous attempt' to ensure accuracy in public discourse. Former Queensland judge Walter Sofronoff KC led the 2023 board of inquiry into Mr Lehrmann's prosecution over the alleged rape of Brittany Higgins. A subsequent investigation into Mr Sofronoff's conduct during that inquiry, in particular his decision to send a copy of the board's report to two journalists – ABC's Elizabeth Byrne and The Australian's Janet Albrechtsen – prior to its official release by the ACT government, was launched by the ACT Integrity Commission. The commission in March found Mr Sofronoff had engaged in 'serious corrupt conduct'; however, he is seeking to have the commission's Operation Juno report overturned by the Federal Court. Barrister Adam Pomerenke SC argued there was 'overwhelming evidence' Mr Sofronoff genuinely believed he was acting in the good of the public to ensure accurate media reporting by sending out the report to the journalists – an essential part of his role investigating a matter of public interest. Therefore, his conduct couldn't amount to having a corrupt, dishonest, or malicious motive, regardless of whether reasonable people disagreed with Mr Sofronoff's views. 'In my respectful submission those views of Mr Soffronoff are not rationally capable of amounting to a corrupt dishonest or malicious motive,' Mr Pomerenke told the court. 'A person can be wrong without being negligent, much less corrupt, dishonest or malicious.' He said even if Mr Sofronoff was 'wrong', he genuinely and honestly held his view. 'At worst, it could be characterised as an erroneous attempt to ensure accuracy and transparency in public discourse, and an attempt at accuracy and transparency in public discourse cannot rationally, in my respectful submission, be described as corrupt,' Mr Pomerenke said. 'Even if one vehemently disagrees with what Mr Soffronoff did, that statute does not authorise a misuse of language by describing it as corrupt.' This fell under Mr Sofronoff's sixth ground of appeal, which claims the commission's finding that his conduct was a 'breach of public trust' is affected by jurisdictional error. Further, Mr Pomerenke argued an error by the commission in finding Mr Sofronoff had engaged in contempt was a 'serious offence against the administration of justice' and cannot be 'disentangled' from the conclusion of serious corrupt conduct. He also claimed the Juno report couldn't be 'saved by reconstruction'. 'Our submission is given this entanglement, the conclusion of serious corrupt conduct is affected by jurisdictional error because its material …(there's a) realistic possibility that the conclusion could have been different if the respondent had not wrongly found that Mr Sofronoff could have committed a serious offence of contempt,' Mr Pomerenke said. 'And as I say if this is the right … serious corrupt conduct cannot stand.' Turning to the other grounds of appeal, he claimed if any of the first 11 grounds were established, they couldn't be 'disentangled' from the 12th ground relating to the finding of corrupt conduct itself, as each error was 'bound up in the rolled up conclusion of serious corrupt conduct'. 'Your Honour can't have regard to one error in isolation,' Mr Pomerenke said. 'Each additional error we establish beyond the concession in ground two fortifies that conclusion that … there was jurisdictional error, entitling Mr Sofronoff to relief.' He also argued there was a 'basic misuse of language' and a 'distortion' of the concept of corruption by the commission in interpreting 'integrity' as meaning soundness or efficacy as distinct from probity of government or public administration. 'In our respectful submission that's not correct: it seriously dilutes and distorts the very notion of corruption, which has probity at its heart,' Mr Pomeranke said. 'On the respondent's approach, it can include findings in its reports which stigmatise conduct as corrupt even though it is disconnected from probity in government or public administration.' Documents filed by the retired judge's legal team claim that Mr Sofronoff was given the ability to do 'whatever (he) considers necessary or convenient for the fair and prompt conduct of the inquiry' as head of the inquiry, and he considered it necessary or convenient to engage with journalists 'for the fair and prompt conduct of the inquiry'. The documents also claim Mr Sofronoff's actions were 'incapable of amounting to corrupt conduct' and the findings were 'seriously illogical, irrational and/or unreasonable'. The Federal Court has found that Mr Lehrmann raped Ms Higgins on the civil standard of the balance of probabilities. A criminal trial was aborted due to juror misconduct and a charge against him was dropped. Mr Lehrmann has always denied the allegation and is appealing the Federal Court's finding.
France 24
4 days ago
- Health
- France 24
France opens probe into systemic failures behind paedophile surgeon's decades of child abuse
France has opened a judicial inquiry into systemic failures that allowed a convicted paedophile to practise as a surgeon for years while repeatedly abusing children in his care, a prosecutor said Friday. A French court in May sentenced retired doctor Joël Le Scouarnec to 20 years in prison after he confessed to sexually abusing or raping 298 patients between 1989 and 2014. Of those, more than 250 victims were under 15. Victims and child rights advocates say the case highlights systemic flaws that allowed Le Scouarnec to repeatedly commit sexual crimes. Le Scouarnec has been in prison since a court convicted him in 2020 of abusing four children, including two of his nieces. Stephane Kellenberger, prosecutor in the western city of Lorient, said he had ordered an investigation last month into any failures to prevent the crimes. The new probe by an investigating magistrate, which follows a preliminary probe ordered in 2020, would be able to include any relevant elements from the latest trial. An AFP investigation published before the trial showed Le Scouarnec practised medicine for years despite a 2005 sentence for owning sexually abusive images of children, and both a colleague and a regional hospital official reporting him as unfit to practise. When Le Scouarnec was promoted in 2006, his criminal record did not appear to have been updated and was still blank, according to documents from local and regional health agencies, AFP reporting found. Following a regional investigation into a suspicious death at the hospital where he worked, Le Scouarnec moved to the southwest of the country. Investigators only uncovered his alleged crimes after he retired in 2017, when a six-year-old girl accused him of rape and police found countless accounts of abuse in his diaries. During the trial, the National Order of Physicians – a civil party in the case – said it "regretted" what it described as "dysfunctions" that allowed him to continue to practise. A collective of the former surgeon's victims said a telephone hotline was launched on Thursday to provide support to victims, relatives and professionals who have followed the case. Investigators are also looking into whether there are more victims.
Free Malaysia Today
12-07-2025
- Politics
- Free Malaysia Today
Suspend Rafizi and allied MPs, say 19 PKR divisions
Pandan MP Rafizi Ramli and eight other MPs from PKR had called for a public inquiry into delays in the appointment of top judicial positions. PETALING JAYA : Nineteen PKR divisions in Johor have called for the suspension of nine MPs from the party who pushed for a royal commission of inquiry into judicial appointments and alleged interference in the judiciary. The division chiefs said the MPs' actions not only breached party discipline and ethics, but also cast a negative light on the prime minister's leadership and opened the door to political manipulation by rivals. 'We strongly urge party secretary-general Fuziah Salleh to immediately suspend the memberships of all nine MPs involved,' the group said in a joint statement. The statement was endorsed by the PKR division chiefs for Mersing, Bakri, Pengerang, Seri Gading, Sembrong, Ayer Hitam, Muar, Iskandar Puteri, Pasir Gudang, Tebrau, Pontian, Kluang, Parit Sulong, Tanjung Piai, Pagoh, Segamat, Kota Tinggi, Labis and Pulai. The group also urged Fuziah to initiate disciplinary proceedings against the nine MPs, comprising former party deputy president Rafizi Ramli, who is Pandan MP; Nik Nazmi Nik Ahmad (Setiawangsa); Rodziah Ismail (Ampang); Wong Chen (Subang); Zahir Hassan (Wangsa Maju); Muhammad Bakhtiar Wan Chik (Balik Pulau); Syed Ibrahim Syed Noh (Ledang); S Kesavan (Sungai Siput) and Onn Abu Bakar (Batu Pahat). The division chiefs said they fully supported efforts to uphold the integrity of the judiciary, but the approach taken by the nine MPs violated party discipline and members' code of ethics. They cited several provisions in the code, including those on respecting party decisions, maintaining confidentiality, upholding the party's reputation, and prohibiting sabotage of party decisions or its leadership. 'Firm action is necessary to safeguard the integrity of the party, restore organisational discipline, and avoid negative perceptions that could undermine party unity. Our party cannot afford to appear lax on matters of governance and internal loyalty,' they said. The group said that any concerns related to national policy or governance should be raised through internal party channels such as the political bureau or the central leadership council. On Tuesday, Pasir Gudang MP Hassan Karim warned the nine MPs that they must be prepared to face the consequences of their actions. He said they must also consider the political implications of a public inquiry, including the pressure it could place on Prime Minister Anwar Ibrahim and the unity government. Hassan also questioned whether the MPs had fully considered the long-term consequences of their actions, asking if they were driven by genuine reformist ideals or personal political interests. Rafizi's group had called for the establishment of a royal commission and a hearing by the parliamentary select committee following delays in the appointment of the chief justice, president of the Court of Appeal, which they said amounted to a constitutional crisis.
