The Queensland government was spared a costly exercise in taking the Gerard Baden-Clay case to the high court, despite looking outside its own ranks to run the appeal.
Barrister Walter Sofronoff charged just $327 plus GST to run the successful appeal in the state’s highest-profile criminal case of recent years – a fraction of his standard rate at the private bar – Guardian Australia can reveal.
The selection of Sofronoff, the former Queensland solicitor general, by the Queensland director of public prosecutions departed from the long-standing practice of relying on the sitting solicitor general in high court criminal appeals.
The current solicitor general, Peter Dunning, works on a retainer of more than $330,000 a year to advise and act as the government’s top legal counsel.
Predecessors of Dunning, who was appointed by the former Newman government after Sofronoff quit in 2014 amid a wider rift between the government and the legal fraternity, routinely acted in high-profile criminal cases when in his role.
Sofronoff’s cases as solicitor general included high court appeals involving disgraced surgeon Jayant Patel, the Finks bikie gang and the “Aurukun Nine” rape case.
Guardian Australia asked both Dunning and the director of public prosecutions, Michael Byrne, whether the solicitor general was approached to run the case.
Dunning said: “It is not my practice to make public comments.”
A spokesman for Byrne’s office said: “The ODPP does not undertake explanations as to why any particular counsel is briefed to appear in any matter.”
Dunning drew up the ill-fated defence for former Queensland premier Campbell Newman in a defamation lawsuit that Guardian Australia revealed cost the state $525,000 in a record payout.
The Guardian also reported that Dunning’s role had disqualified him from giving advice to the government on whether the settlement represented the best outcome for taxpayers.
The office of the DPP released details of Sofronoff’s fee for the Baden-Clay case – which would normally be available only under a right to information application – after the barrister agreed to its immediate release.
Queen’s and senior counsels of Sofronoff’s standing can privately command fees of up to $17,000 a day.
