In an unprecedented move, over 120 crown prosecutors in New South Wales have issued a joint public statement expressing unwavering support for Director of Public Prosecutions (DPP) Sally Dowling SC. This collective action follows a contentious parliamentary inquiry that accused Dowling of authorizing a leak of sensitive information to the media, a claim she vehemently denies.
The inquiry, which focused primarily on the leak of information regarding a young Indigenous offender, concluded with a 4-3 majority finding that Dowling authorized the disclosure to radio station 2GB. Additionally, the committee alleged that she provided false evidence about her involvement. Dowling has consistently maintained that while her office pitched the story, she did not authorize the leak and was not attentive during the meeting where the decision was made.
In response to these allegations, senior crown prosecutor Brett Hatfield SC, representing the state's barristers, issued a statement on behalf of the prosecutors. He described Dowling as "a person of the highest integrity and professional ethics," expressing significant concern over the committee's findings, which the Attorney-General has referred to as "unfounded."
High-profile former DPP Nicholas Cowdrey also voiced his support for Dowling, labeling the inquiry's findings as "outrageous." He emphasized the severity of the allegations, stating that accusations of lying to parliament should be based on strong and compelling evidence, which he believes is lacking in this case.
The controversy centers around a leak from Dowling's office to 2GB concerning District Court Judge Penelope Wass's decision to allow a young Aboriginal offender to deliver an Acknowledgement of Country during sentencing. Judge Wass has previously criticized the DPP for pursuing unmeritorious sexual assault cases, leading to a strained relationship between her and Dowling.
Attorney-General Michael Daley has refused to remove Dowling from office, expressing confidence in her integrity and dismissing the committee's findings as unfounded. He has stated that he believes Dowling's sworn testimony that she was not listening during the meeting and did not authorize the leak.
The Public Service Association, representing workers in the legal and court sector, has also issued a strong defense of the DPP. They have called for the office of the DPP to remain independent, emphasizing the importance of maintaining the integrity of the justice system.
This rare public display of support from the crown prosecutors underscores the deep divisions within the legal community regarding the allegations against Dowling. The situation has raised broader questions about the independence of the DPP and the potential implications for the prosecution of sensitive cases involving Indigenous individuals.