Investigation into NSW Prosecutors' Conduct Amid Judge's Submission

The New South Wales privileges committee is investigating whether the Office of the Director of Public Prosecutions (ODPP) breached parliamentary rules by using a judge's submission to argue for her removal from trials. This inquiry follows a submission by District Court Judge Penelope Wass, which criticized the ODPP's handling of cases and raised concerns about potential intimidation of future witnesses.

The Guardian

The conflict between Judge Wass and the NSW Director of Public Prosecutions, Sally Dowling, has escalated during a parliamentary inquiry focused on identity protections in cases involving children. In her 68-page submission, Wass accused Dowling of orchestrating the leak of sensitive information regarding an Indigenous child defendant, which she claimed violated legal prohibitions against naming child defendants. Wass alleged that this leak led to public backlash against her, including threats and offensive comments.

The Guardian

Robert Borsak, chair of the inquiry, expressed concerns about a possible breach of parliamentary privilege, stating, “We are concerned that a very serious breach of privilege may have occurred.” He emphasized the potential chilling effect on future witnesses. The ODPP, in its defense, stated that the recusal applications against Wass were based on "apprehended bias" and maintained that their actions did not constitute contempt of parliament. Dowling has denied any personal involvement in the alleged leak, suggesting that Wass harbors a "personal grievance" against the ODPP.

The Guardian

Critics of the ODPP's actions, including members of the inquiry, have raised alarms about the implications of using a judge's parliamentary submission in this manner. They argue that such actions could deter witnesses from coming forward in future inquiries, undermining the integrity of the judicial process. The inquiry's focus on potential intimidation highlights the broader implications for judicial independence and the treatment of judges who speak out against prosecutorial conduct.

The Guardian

• October 2024: An incident involving an Indigenous child defendant is reported, leading to public criticism.

The Guardian

• December 2025: Judge Penelope Wass submits a critical 68-page document to the inquiry, accusing the ODPP of misconduct.

The Guardian

• December 2025: The privileges committee is asked to investigate the ODPP's use of Wass's submission in recusal motions against her.

The Guardian

The ODPP has sought to have the matter resolved by the NSW Court of Appeal, indicating that the situation raises significant legal and constitutional questions regarding the interplay between parliamentary powers and judicial integrity. The outcome of this inquiry and subsequent legal proceedings could have lasting implications for the relationship between the judiciary and prosecutorial offices in New South Wales.

The Guardian

• “We are concerned that a very serious breach of privilege may have occurred,” — Robert Borsak, Chair of the Inquiry

The Guardian

• “The ODPP contends the material is relevant to the question of apprehended bias and that adducing the evidence does not breach parliamentary privilege,” — Office of the Director of Public Prosecutions

The Guardian