A significant dispute has emerged between New South Wales (NSW) Director of Public Prosecutions (DPP) Sally Dowling, SC, and NSW District Court Judge Penelope Wass. This conflict has led to a police investigation, two parliamentary inquiries, and a court case. The dispute is part of a broader disagreement between the NSW Office of the Director of Public Prosecutions (ODPP) and some District Court judges concerning sexual assault trials. It raises questions about its impact on criminal matters before the courts.
Key Developments
In November, Judge Wass submitted a 68-page document regarding Dowling and her office to a NSW upper house inquiry. This submission was published in December. Wass alleged the ODPP provided information to Sydney radio station 2GB in October 2024 about proceedings involving an Indigenous youth to "embarrass and defame" her. She further stated this was part of a strategy by some ODPP members, including Dowling, to target her personally or influence her judicial conduct.
Wass suggested the committee consider referring senior ODPP officers for removal from office. The radio broadcast by Ben Fordham on 2GB, on October 25, 2024, described an invitation by Wass for an Indigenous teen to perform a "Welcome to Country" before sentencing for serious crimes as a "local scandal." The youth had been involved in an aggravated break and enter, including sexual touching of an elderly woman. Wass stated she invited the teen to perform the acknowledgement to foster an "increased sense of identity and self-esteem" for rehabilitation purposes. She also noted the offender received the maximum available sentence and was released on parole after serving significant time.
Wass reported receiving derogatory public statements and threats following the 2GB story. She stated that no ODPP members expressed concern during the sentencing, but rather disclosed information to 2GB, leading to a media trial.
Inquiry and ODPP Response
DPP Dowling testified before the inquiry on December 5, criticizing the committee for publishing Wass's submission without providing her a copy, asserting a denial of procedural fairness. Dowling admitted her office effectively provided the story about Wass to 2GB, though she stated she only became aware of this two days prior and did not direct her media manager to do so.
Following Dowling's evidence, ODPP media manager Sally Killoran appeared before the inquiry. Killoran revealed Dowling had attended a meeting with her and an external media consultant the day before the 2GB broadcast.
The ODPP stated on December 17 that it was "difficult to avoid the inference that the committee intended to ambush [Dowling]… with the judge's submission." Dowling suggested the upper house committee was conducting a "de facto" inquiry into the ODPP under the guise of an inquiry into NSW law.
Parliamentary Inquiry Details
The inquiry's stated purpose was to examine statutory protections for preventing the publication of children's identities in criminal proceedings. It was self-referred by the upper house justice and communities committee in October, a year after the 2GB broadcast. The Dowling-Wass situation was presented as a "case study" and has been a primary focus of the inquiry, which is due to report on February 20.
Under NSW's Children (Criminal Proceedings) Act, publishing or broadcasting information identifying a child in criminal proceedings is generally prohibited, with criminal sanctions for breaches.
Police Involvement
Wass contacted the head of the NSW Police cybercrime squad after the 2GB broadcast, citing concerns about potential breaches of publication prohibitions. In a statement to police, Wass mentioned that NSW Liberal MP Alister Henskens, the shadow attorney-general, informed her someone within 2GB provided him with a screenshot of information about the Indigenous youth’s case before he discussed it on air. Henskens reportedly told Wass that the document included an ODPP identifier icon.