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The Canberra Times
The Canberra Times
Jasper Lindell

'Far from ideal': A-G says ACT govt frustrated over legal bills

The ACT's Attorney-General said the government was frustrated by having to pay out legal bills in connection with a board of inquiry into the Parliament House rape trial, but said the inquiry had still handed the government worthwhile recommendations.

Shane Rattenbury said the costs borne by taxpayers were "far from ideal" and that he hoped there would be no further litigation.

"It has given us a series of practical recommendations which we will implement and will improve the [criminal justice] system," Mr Rattenbury said.

Mr Rattenbury on Tuesday said he would take some time to reflect on the findings of the Supreme Court, which on Tuesday found a board of inquiry chair's relationship with a columnist gave rise to an apprehended bias against the territory's former director of public prosecutions, Shane Drumgold SC.

"One of the lessons might be that, when conducting boards of inquiry, that you have not just one member as the board - you might have multiple members," he said.

"In these circumstances, that might have made a difference."

Mr Rattenbury defended the way the ACT appointed Mr Sofronoff to lead the board of inquiry.

"I don't think anybody expected that we would find ourselves in the circumstances we now find ourselves in," he said.

ACT Attorney-General Shane Rattenbury on Tuesday. Picture by Gary Ramage

Mr Rattenbury said the government continued to implement the recommendations of the board of inquiry and that many of the findings and observations remained unchanged and unchallenged.

"I think you'll all appreciate, given the propensity of people involved in this matter, to start defamation proceedings, my inclination is to keep my remarks pretty limited," he said.

Mr Rattenbury also defended the ACT government's settlement with Linda Reynolds, the West Australian senator, that was struck before the ACT Supreme Court handed down its findings in a case brought by the former director of public prosecutions against the board of inquiry.

The ACT Supreme Court on Tuesday found board of Inquiry chair Walter Sofronoff KC's relationship with The Australian's Janet Albrechtsen gave rise to an apprehended bias Mr Drumgold.

Mr Drumgold on Tuesday said he was "delighted" with the decision. "I am looking forward to moving on with my life," he said in a message to The Canberra Times.

But the court upheld the majority of the report's findings against Mr Drumgold, who resigned last year.

Former ACT director of public prosecutions Shane Drumgold SC, left, and Board of Inquiry chair Walter Sofronoff KC. Pictures by Karleen Minney, supplied

Acting Justice Stephen Kaye found Mr Sofronoff's relationship with The Australian columnist Janet Albrechtsen gave rise to a reasonable apprehension of bias.

The court previously heard Albrechtsen and Mr Sofronoff had 273 "communications" in a seven-month period, including 51 phone calls. Albrechtsen also flew to Brisbane to have a private lunch with Mr Sofronoff.

The judge also ruled that a board of inquiry finding that Mr Drumgold had engaged in "grossly unethical conduct" in his treatment of Senator Linda Reynolds was legally unreasonable.

The Canberra Times sought comment from Mr Sofronoff on Monday.

This followed an ACT government apology and damages payout of $90,000 Senator Reynolds after accepting claims made by Mr Drumgold had defamed the West Australian senator.

The ACT government has previously supported all the recommendations of the board of inquiry report, which was sensationally revealed by The Australian after Mr Sofronoff gave the newspaper an "embargoed" copy of his report without authorisation from the ACT government.

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