In an unusual move, over 120 crown prosecutors have publicly voiced their support for Sally Dowling, the Director of Public Prosecutions (DPP), in light of a contentious report alleging that she leaked information to the media.
The joint statement characterized Dowling as a professional of “the highest integrity and ethical standards.” Despite the allegations, the Attorney-General has declined to dismiss her from her position, deeming the claims of information leaks and parliamentary dishonesty as “unfounded.”
The collective statement from the crown prosecutors in New South Wales follows accusations that Dowling disclosed confidential information to the media and provided misleading evidence during a parliamentary inquiry. Notably, former DPP Nicholas Cowdrey has also expressed his support for Dowling, labeling the inquiry’s conclusions as “outrageous” and asserting that the evidence against her would not hold up in a legal context.
The inquiry, which culminated in a report released on Tuesday, revealed that Dowling authorized a leak to the radio station 2GB that had considerable negative repercussions for Judge Penelope Wass, with whom Dowling had an ongoing dispute. The inquiry committee, which reached a narrow 4-3 decision, concluded that Dowling provided false testimony regarding the leak.
Senior crown prosecutor Brett Hatfield issued a remarkable statement on behalf of his colleagues, emphasizing their belief in Dowling’s integrity and expressing concern over the inquiry’s findings, which the Attorney-General has dismissed as baseless.
Cowdrey, who served as DPP for 16 years, remarked on the severity of the allegations against Dowling, noting, “Allegations of this nature should not be made without compelling evidence.” He also criticized the findings of the inquiry as being unsupported by the evidence presented.
The controversy centers around a leak concerning Judge Wass’s decision to allow a young Aboriginal offender to deliver an Acknowledgement of Country prior to sentencing. Wass has previously criticized the DPP for pursuing what she deemed to be unmeritorious sexual assault cases.
During the inquiry, Dowling stated that, although her office had pitched the story to 2GB, she was not attentive during the discussions regarding the leak.
On the matter of Dowling’s status, Attorney-General Michael Daley has expressed his confidence in her sworn testimony, which asserts that she did not authorize the leak. In contrast, Liberal MLC Susan Carter, a member of the parliamentary committee involved in the inquiry, has indicated that the report’s serious allegations warrant further examination.
Carter questioned the rationale behind leaking information about the young Indigenous offender, suggesting that it may have been part of a strategy to undermine Judge Wass’s credibility. She lamented the lack of alternative explanations presented during the inquiry.
The Public Service Association, representing legal sector workers, has also come forward with a robust defense of Dowling. Prior to the report’s release, attorneys from each of the eight Commonwealth, state, and territory DPP offices expressed their awareness of the allegations and reiterated their support for Dowling.
In contrast, the NSW Bar Association and the Law Society, which collectively represent approximately 47,000 legal professionals in the state, have refrained from direct commentary on the inquiry’s findings. Instead, they have issued a statement advocating for the independence of the DPP’s office, expressing concerns regarding the proposal for a parliamentary committee to oversee it. “It is essential that decisions to initiate and sustain criminal prosecutions remain free from interference,” the statement read.
