Scathing report against top prosecutor a ‘stitch up’
The attorney general says a scathing parliamentary inquiry that recommended considering the state attorney general’s position was nothing more than a “stitch”.
In its findings published on Tuesday, the NSW upper house inquiry accused the state’s Director of Public Prosecutions, Sally Dowling SC, of falsely denying her role in providing information about one of Australia’s most respected judges to a media outlet.
A majority of MPs on the committee set up to examine identity protection for children at court hearings found Ms Dowling’s office leaked information to a commercial radio station to tell a negative story about District Court Judge Penelope Wass.
Ms Dowling has previously admitted her media team leaked limited court material which formed the basis of scathing coverage of Judge Wass in 2024 but has consistently refused to give permission.
The committee disagreed, noting that the attorney general “allowed the story to be transferred to 2GB and denies doing so in error.”
He also accused his office of “proactively and surreptitiously disseminating” a story that “will likely constitute a violation of prosecutorial rules,” saying it was done “to provoke criticism” of Judge Wass.
The story, published by 2GB presenter Ben Fordham, was about Judge Wass allowing a 17-year-old Indigenous boy to make Country Admission before his sentencing hearing.
The Prosecutor’s Office provided the radio station with a screenshot containing sensitive identification information.
“The committee is satisfied that the story was brought forward in retaliation for Judge Wass’s earlier criticism of the Directorate of Public Prosecutions and perhaps for additional reasons unknown to the committee,” the report said.
In its final recommendation, the committee majority called on NSW Attorney-General Michael Daley to consider launching a formal investigation to determine whether there were grounds to dismiss Ms Dowling.
But Mr. Daley said he had “full confidence” in the state attorney general and accused the committee of wasting its time making false attacks.
“This is the worst parliamentary committee report I have seen in nearly 21 years,” he said in a statement.
“The report includes findings that are not supported by evidence… it merely treats suspicion and speculation as fact.
“This was supposedly an investigation into identity protection in cases involving children. It wasn’t. It was a seam from the beginning.”
Greens MP Sue Higginson did not support the findings and recommendations, accusing committee members of politically motivated attacks against Ms Dowling and describing the report’s findings as “unfounded and biased” and “irresponsible and unbelievable”.
Australia’s attorneys general rallied behind their colleagues in a letter to the attorney general in June.
“He is a person of integrity who always behaves in an exemplary and ethical manner in our dealings,” the letter said.
