BREAKING: The conflict between New South Wales’ top prosecutor and a District Court judge escalates as allegations of media leaks surface during a high-stakes inquiry. Director of Public Prosecutions Sally Dowling, SC, vehemently denies claims that she orchestrated a leak to damage the reputation of Judge Penelope Wass, accusing the inquiry of conducting a “disgraceful” ambush.
The explosive allegations were detailed in a 68-page submission by Judge Wass to a NSW upper house inquiry, sparking intense scrutiny and potential legal ramifications. The inquiry, led by Robert Borsak, aims to investigate whether the identities of minors accused of crimes are being adequately protected.
Wass has called for the potential removal of Dowling, asserting that her office leaked sensitive information about an Indigenous youth case to 2GB radio station, attempting to “embarrass and defame” her. This incident, which involved serious crimes, raises significant ethical concerns regarding the handling of sensitive information.
In her submission, Wass claimed that this breach of confidentiality could threaten the integrity of legal proceedings, stating that the youth’s name was not broadcast, but the leak nonetheless undermined the judicial process. Dowling, appearing before the inquiry on Friday, November 28, 2023, responded by firmly denying any wrongdoing and labeling the inquiry’s methods as unfair.
Wass, who had previously invited the offender to present a “Welcome to Country statement” in court, described the aftermath of the 2GB report as a “local scandal.” She alleged that the media leak led to a wave of public backlash and threats against her, branding her as “woke” and “out of touch.”
Dowling refuted these claims, insisting that she had no prior knowledge of the leak and that the allegations stem from a personal grievance. “This is not an appropriate use of the committee’s powers,” she stated, emphasizing that the inquiry should not serve as a platform for airing personal disputes.
The feud between Dowling’s office and the judiciary has intensified over the past months, with multiple judges criticizing the Office of the Director of Public Prosecutions (ODPP) for its management of sexual assault cases. While Dowling has filed complaints against other judges, she has not formally addressed Wass’s conduct.
As the inquiry continues, Dowling faces mounting pressure to clarify her role in the alleged media leak. She maintained that the media manager involved acted without her directive and that an independent investigation found no legal breaches. However, Wass raised questions about the impartiality of that investigation.
The inquiry is set to report its findings by February 20, 2024, leaving both judges and the public awaiting clarity on the serious allegations at play. As this story unfolds, it raises critical questions about judicial integrity, media ethics, and the handling of sensitive cases involving minors.
Stay tuned for further updates on this developing situation.
