Water Softener and the Planet ... Further details of the width and depth of their relationship ... Chief Justice of the ACT grants Justinian's application for access to more documents ... A barrage of text messages and phone calls throughout the Drumgold investigation ... Collated reporting ... More on Sofronoff and Albrechtsen
Walter Sofronoff: in too deep with agenda-driven columnist
The depth of Janet Albrechtsen's relationship with Walter Sofronoff during his inquiry into the rape prosecution of Bruce Lehrmann was more extensive and weirder than previously understood.
Justinian was granted orders by ACT Chief Justice Lucy McCallum to have access to the affidavit and exhibits tendered and read during former DPP Shane Drumgold's application for judicial review of Sofronoff's Board of Inquiry fundings.
On March 4, 2024, Acting Justice Stephen Kaye found that Sofronoff's conduct gave rise to a reasonable apprehension of bias.
The fair minded observer could have smartly understood that the findings in his report critical of Drumgold were influenced by Albrechtsen, an opinion peddler at The Australian.
Acting Justice Kaye also went on to find that it was legally unreasonable for Sofronoff to find that Drumgold had engaged in "grossly unethical" conduct in his cross-examination of Senator Linda Reynolds (Lib. WA) in the Lehrmann rape trial.
Further, Sofronoff failed to observe the requirements of natural justice in relation to a finding about Drumgold's lack of knowledge concerning an FOI application relating to a letter he wrote to the ACT's chief of police critical of political interference and police misconduct.
Albrechtsen was on speed-dial with Sofronoff before and during the Board of Inquiry with text messages, phone calls and a slap-up lunch date.
Numerous of these exchanges occurred while Drumgold was giving evidence to the Board of Inquiry. See Drumgold's opening submissions to the judicial review. In all, Justinian counted 275 phone calls, text messages and emails between the Water Softener and the Planet in the five months between February 22, 2023 and August 2, 2023.
Sofronoff's excuse was that he was helping reporters to improve their coverage of his mission.
Albrechtsen got the lion's share of guidance because she was effectively embedded with Sofronoff - pounding him with a blitzkrieg of text messages and phone calls. His chit-chats with another 11 journalists reporting on the inquiry amounted to slightly more than two hours - all up.
Some of the rosy exchanges came to light in Kaye's judgment, but the exhibits from Drumgold's lawyer, Ian Meagher, emerging from Justinian's Application in Proceedings, give an altogether deeper hue to the game of tootsies between the columnist and the investigator.
Walter was on tap for Albrechtsen who was conducting a fatwa against Drumgold and his prosecution of Lehrmann for rape. This joined-at-the-hip attachment is unheard of for someone commissioned by a government to conduct an independent investigation.
It was kicked off by Hedley Thomas, a Brisbane reporter for The Australian and a friend of Sofronoff. On the day his appointment was announced Thomas texted:
"Fantastic appointment Walter. You'll be great. Catch up soon?"
A few days later Walter forwarded to Thomas a text from someone called Peter, described as a "trap shooting friend of mine":
"Hi Walt I see your rrtirement s going just about as well as mine.
On a brighter note on a Qantas flight today from Sydney to Brisbane I was reading the captions on the screen News. It plainly stated the inquiry was now in the hands of Judge Water Softener. Make some time for a shot and good luck with it. Best. Peter."
The matchmaker: Hedley Thomas
Thomas emails Sofronoff a copy of an article by Albrechtsen with his endorsement:
"Walter, I made a PDF of this article in the Weekend Australian as it revolves around you. I figured you'd want to read it.
fyi – Janet Albrechtsen is a lawyer and a conservative columnist for The Oz for many years. A number of my left leaning friends find her 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 and complaints levelled against 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."
Later he texted:
"I spoke to Janet who is in London on hols. 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.
Also, the cows are doing fine and munching cheerfully with occasional 'moo' and a friendly tail swish."
Thomas had passed on Sofronoff's number to Albrechtsen and she was off and racing. She tried to line him up for an interview as soon as the inquiry concluded. Trowelling on the flattery she texted:
"You raised some terrifically complex issues that we are facing ... The interviews you have done that I have read have been very informative about the big issues facing us."
Walter didn't want to do an interview, but said "I'd be happy to talk it all over so that you can write about it".
That day (February 23, 2023) they had a 21-minute phone chat.
On March 15, 2023, he texted her his private email address. By then the connection had warmed up sufficiently for Albrechtsen to send Walter a lunch invitation:
"Hi Walter, if you are free for lunch on 22nd, 30th or 31st of March I will fly to Brisbane to meet you. Janet."
Next day they agreed on March 31 and Walter suggested Enoteca - booked for 12.45.
Later he said he would bring counsel assisting Erin Longbottom to the lunch. A few days later they had a couple of phone conversations lasting 24 minutes. She also asked him to give her Longbottom's phone number.
Albrechtsen: lunch with Walter at Enoteca
Albrechtsen also wanted Sofronoff to clarify something and they had a call lasting more than nine minutes.
She also sniffed around whether the Board of Inquiry could investigate whether Drumgold could be done for malicious prosecution:
"Isn't a claim for malicious prosecution a way for the courts to review a prosecution?"
Sofronoff explained in a brief tutorial:
"Only in a very limited class of case. Malicious prosecution is a civil wrong for which you can recover damages. You need to prove not just that the prosecutor had inadequate grounds but also that the prosecution was started with the intention on the part of the prosecutor to harm the defendant.
"We are discussing groundless prosecutions commenced in good faith not bad faith prosecutions.
"Good question. Thanks for alerting me to that point."
Albrechtsen: "Thanks for explaining."
Sofronoff: "Truly a pleasure to engage."
The next day, the opinion columnist threw Sofronoff another suggestion:
"It may assist the inquiry to shed some light on why the DPP decided to drop the charges. Janet."
His response was a prayer hands emoji.
On the Sunday before the board's hearings commenced in Canberra, Water Softener and Planet had a phone conversation for 17 minutes and on the first day the board of inquiry sat Albrechtsen sought permission on whether she could report that an application had been made to lift a suppression order relating to Bruce Lehrmann.
Next day she sent Sofronoff her article: "Confused? Join the club. The Bruce Lehrmann story I can't bring you."
Two days later she texted Lehrmann's personal contact details to Sofronoff.
On April 24, 2023, Sofronoff texted her a copy of his appointment as amended by the ACT government. Albrechtsen shot back: "May I get a news piece up now about this?"
On May 3, 2023, she chased Sofronoff for witness statements. Next day she texted:
"Walter I'm keen to work out some logistical matters. When you have a moment. Thanks Janet."
At 5.05 pm she sent another message:
"Hi Walter, Are you free? I have my son's birthday dinner tonight from 6.15 but am keen to speak with you."
Two days later, she sent what seems like a confusing text message to her willing source:
"Walter, if you're free for a bite in Sunday let me know, instead of afternoon catchup, but understand you will be very busy. Speak later today. I have a few questions! Janet."
Apart from the statements she also wanted the exhibits, which were faithfully dispatched, followed by a phone call of over an hour.
On May 6, she wanted Sofronoff's advice about a story she was preparing.
That day Sofronoff sent her the confidential statements of Mitchell Greig and Sky Jerome, two lawyers employed in the office of the DPP.
This was followed by Sofronoff volunteering his opinion about Drumgold to Albrechtsen:
"What a thing to do to two young professionals under your mentorship."
Albrechtsen: "Thank you. Agreed on all counts."
As though she needed reinforcement for her views about the DPP.
She then pressed him to send her Drumgold's statements to the board and then held his hand while pointing out a redaction problem:
"Walter, issue over Higgins book extracts
... the redacted Drumgold statement has NOT redacted from exhibit schedule 2 of Higgins book extracts and 3 associated book deal emails. I assume it's an error and would be unfortunate if some report on what should be redacted.
Happy to explain to you. Janet."
On May 9, there was a phone conversation of more than 13 minutes following Albrechtsen's request about the release of a statement from Detective Superintendent Scott Moller, one of the officers on the Lehrmann case.
She then complains that the DPP has only given the Board of Inquiry 40 pages of Moller's 60+ page report.
Later that day, it appears the Planet-Cossack relationship hit a rock:
"Hi Walter, If you're 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 let me know. I would be grateful. Thanks, Janet."
There was silence for two days and then a phone call for almost 13 minutes from Sofronoff.
On May 19, 2023, Erin Longbottom forwarded to Sofronoff a text she received from Albrechtsen:
"And may I say, I do not like our front page today. But please keep that to yourself. It's why I prefer not to go on staff and do my own thing."
Drumgold: Planet disapproved of The Australian's "grave dancing"Longbottom text to Albrechtsen: "It is pretty unsavoury. Would you mind me letting Walter know your own perspective on it?"
Albrechtsen to Longbottom: "Yes, that's ok. So disappointing. TV etc contacted me to appear and speak about Drumgold. I can't bear the dancing on his grave. Too many people have been damaged by this saga ..."
This related to The Australian's invasive splash, with a photo of Drumgold at the front of his home in Canberra having a beer. Crown lager or Drumgold bitter? Prosecutor calls beer o'clock.
Among a barrage of phone calls and texts that day, Albrechtsen advises Sofronoff:
"Walter
This is exhibit from Jerome's 3 May statement that I mentioned. Note DPP only passes on 3 of the attachments to defence. I would like to write about these as I've heard about them from another source. I won't mention the Jerome statement. I'm not writing on proofing note. Not anything within your remit. Janet."
A couple of days later Walter asks Albrechtsen for the name of the editor of The Australian - sending a complaint about the newspaper's invasion of Drumgold's privacy.
Then she pressed him to investigate the ACT police complaint that there was "too much political interference" in the Lehrmann rape case.
Later she wanted to know what transpired during muted sections of the hearing.
Sofronoff replied:
"I'll send you the transcript in the morning. Boring Tedeschi [counsel for Drumgold]."
On May 24, 2023, Albrechtsen fed her man "memes" that were being made about him. "Ones you may like."
This included Walter as Winston Wolfe, the Harvey Keitel character in Pulp Fiction.
Walt was then sent scurrying about getting information for Janet about when the DPP first met Brittany Higgins.
At the beginning of June 2023 Janet texted Walter:
"Would you please consider - with a view to saying yes - about speaking to me for an interview for Weekend Australian ahead of your report (embargoed of course until the final report is released publicly). You're at the centre is something very important and hearing from you in a less formal way would be amazing."
The Cossack: "I'm more than flattered. But I'm afraid not."
Subsequently, she sent him a copy of her article, My abuser got an easy run amid Higgins circus - a story about a sexual abuse victim who allegedly didn't get the same level of attention from the ACT prosecutors as the Higgins' case.
As the time for the release of the board's report approached there was a barrage of iCloud messages and phone calls.
"Good morning Walter
May I please get copies of the notices of potential adverse findings for all parties? Not for reporting. Only to assist my understanding of what comes next please. Janet."
Back came a thumbs up emoji.
The meme: Winston Wolfe
To make it appear to any third party that their relationship had always been above board, she sent Walt a formal request by email:
"Dear Mr Sofronoff KC,
May I please ask for copies of the proposed findings regarding any parties to the Board of Inquiry that you are overseeing. I ask for these not to report them, but only for background please.
Kind regards
Janet Albrechtsen
The Australian"
She also wanted an under-the-table copy of Drumgold's response to the adverse notice sent to him.
On July 14, 2023, she asked for an embargoed copy of the report.
"I forgot to ask, are you likely to hand down your report sooner than 31 July? I'd love an embargoed copy if possible please. I have emailed you a request for the DPP response. Thanks Janet."
Walter agreed to send her an embargoed copy followed by some phone calls and an agreement that she should send another request with a vaneer of formality about Drumgold's comments:
"Dear Mr Sofronoff,
May I please have a copy of the response by the DPP, Shane Drumgold, to the Notice of Proposed Adverse Comments.
Not for publication.
Kind regards
Janet."
That was duly sent on July 16, 2023 - a fortnight before the final report went to the government. Later that day, she requested help from Sofronoff about an article she was writing about the media and the legal system.
Thumbs up emoji from Walt.
As time got closer for release of the report, she presses Walter for draft chapters that would be "very welcome weekend reading".
On July 28, 2023, he sent her an embargoed copy of the draft report with internal comments and tracked changes.
She replied:
"I forgot to mention, I loved the section towards the end of your report on presumption of innocence (my editor side coming in now – I'd put that up front - when I read it, I wished I had read it much earlier - it's an important and clear exposition of the legal principle and the norm.)"
A prayer hands emoji came back from Walter.
Albrechtsen: "May I ask, what does 'Pilate-like detachment' mean?"
Sofronoff: "Washed his hands. Like Pontius Pilate letting 'the Jews’ decide whether Jesus Barrabas (a thief) should be crucified. Gospel of John Chapter 19.
"Matthew 27:24."
On the day the final report was sent to the government he also sent it to Albrechtsen. After months of close engagement with Sofronoff, she betrayed their understanding about the embargo and broke it.
Albrechtsen published her story about the findings - mysteriously provided to her by "another source".
She had Sofronoff on the hook, like a juicy trout. The mystery is, why did he take the fly.
Drumgold v Board of Inquiry: online court files