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The Forum > Article Comments > Brittany Higgins prosecutor bites the dust > Comments

Brittany Higgins prosecutor bites the dust : Comments

By Bettina Arndt, published 7/8/2023

Sensational conclusions from the ACT inquiry are good news for Bruce Lehrmann.

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Dear Steeleredux

I agree Sofronoff should not have given embargoed copies of his report to journalists, whatever his motives.

The ACT government was legally entitled to not release the report for up to a month, but given the intense public interest in the case, and its importance, it had no reasonable basis to keep it secret for that long, as many commentators observed at the time:

https://citynews.com.au/2023/no-reasonable-reason-to-delay-sofronoff-inquiry-findings/

It must surely also have realised that there was a risk of such a report leaking to the media. I am still inclined to believe The Australian’s claim that it received a copy of the report from a source other than Sofronoff, and only then published its findings.

The Inquiry did as it was obliged to do and gave affected parties copies of possible adverse findings in advance of publication, and sought submissions on them. So while Drumgold may not have seen the final report before it was published, its contents would hardly have been a surprise.
Posted by Rhian, Tuesday, 8 August 2023 3:16:09 PM
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Dear Rhian,

You say: "it had no reasonable basis to keep it secret for that long".

It did have reasonable grounds. Sofronoff was quite clear that he was working to a timetable which didn't allow him to pass the final draft to those who had adverse findings made against them. Therefore he set out a range of likely scenarios and gave them to the people implicated. Pretty unsatisfactory with what was at stake, but perhaps forgivable if those people had a chance to review the final report and respond accordingly after it was handed to the government. The month's grace would have allowed for that but Sofronoff denied them that opportunity.

This was an abuse of due process by any fair measure and showed scant regard for the prescriptions within the Act.

I have read some of the report and I feel Drumgold was unfairly treated by Sofronoff.

Sofronoff makes light of the fact that the police handed over Higgin's counselling session notes to the defence.

Highly irregular, even more so in the case of rape, yet Sofronoff gives the police an understanding pat on the back while berating Drumgold for making a fuss about it.

186 "Detective Leading Senior Constable Madders did not appreciate that Ms Higgins’ confidential counselling records and the audio recordings of her EICIs were included in the brief. He did not realise that the personal contact information of Ms Higgins and three other
individuals had been imperfectly redacted in seven documents so that the redactions were reversible.

189. On 6 August 2021, the brief of evidence was provided to Mr Korn and the ODPP containing the counselling notes and the EICI recordings.
190. The police did not tell Mr Drumgold that they had served the brief of evidence directly upon Mr Korn. Mr Drumgold found out about this by speaking to Mr Korn on 16 September 2021.

Sofronoff's response? "ACTP officers would benefit from training on the importance in protecting a complainant’s counselling records". But apparently Drumgold seeking more was 'unprofessional'?
Posted by SteeleRedux, Tuesday, 8 August 2023 4:30:58 PM
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As the months have rolled by, I have been made aware that almost endless bad behaviour has been taking place around me.
I am not sure who did what to whom, if at all, but it all sounds rather murky.
I am forced to observe: 'oh what a tangled web.....'
And a lot of this seems to centre around 'hurt feelings'.
Hurt feelings belong, maybe, in a very close and personal relationship.
Everyday life is more like a business.
There are no close friendships. No hurt feelings. Just logical dealings.
All this 'hurt feelings' nonsense has grown out of proportion.
And all because someone, somewhere, found they could benefit from exaggerating it.
I fear there are many in our population who are being led around by the nose by the purveyors of such lies.
People are being brain washed in to believing it is right.
How about a bit of logic and common sense for a change?
Stop pretending to be mortally wounded when someone corrects you?
That would be a good start.
Time for another war to clear the decks and get a proper sense of balance?
Ask the people in Ukraine what they think?
I will bet they are not moaning about hurt feelings.
They have very important and very real things to do.
They are fighting for their existence, and only serious things matter.
Posted by Ipso Fatso, Tuesday, 8 August 2023 7:10:40 PM
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Ipso Fatso,
If only we could make the Govt funded cocoon dwelling crowd to see reality !
Posted by Indyvidual, Wednesday, 9 August 2023 8:22:24 AM
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Well a little reality at lass, in just one small area.

Now if we could only get some on the looming immigration catastrophe, & the global warming scam it would help.
Posted by Hasbeen, Wednesday, 9 August 2023 1:20:24 PM
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