Judge takes aim at Director of Public Prosecution Sally Dowling SC over personal attack

There has been a dramatic escalation in the divide between a group of District Court judges and the state’s chief prosecutor Sally Dowling SC.

NSW District Court judge Penelope Wass has lodged a formal complaint against chief prosecutor Sally Dowling.

A Judge has called for the legal future of state’s chief prosecutor Sally Dowling SC to be investigated over an “inexcusable and vicious” attack on the judicial officer’s personal life, which she never apologised for.

In a dramatic escalation in the conflict between a group of District Court judges and the Director of Public Prosecutions, it can be revealed Judge Penelope Wass SC has lodged a complaint with the NSW Bar Association calling for it to investigate if Ms Dowling is “a fit and proper person” to be practising law.

The complaint was sent to the legal professional body’s Professional Conduct Division in a letter dated November 11 and is the second complaint Judge Wass has made against Ms Dowling.

A spokeswoman for Ms Dowling said, “Thanks for your enquiry. The ODPP politely declines to comment.”

Judge Wass claims Ms Dowling made an “unfounded assertion” in a complaint to the state’s judicial watchdog that accused her of potentially influencing the decision making of another judge and damaging the administration of justice.

Sally Dowling. Picture: NewsWire / Max Mason-Hubers

Ms Dowling raised the speculative claim in her complaint to the NSW Judicial Commission about Judge Peter Whitford SC, which was partially upheld earlier this month.

The DPP complained about Judge Whitford after he made scathing comments in court claiming her office was prosecuting weak sexual assault cases.

In her complaint, Ms Dowling wrote that Judge Whitford may have been influenced by his current girlfriend, NSW Supreme Court Justice Belinda Rigg, his ex-girlfriend, Judge Wass, another judge, and members of the media.

The Judicial Commission was critical of Ms Dowling’s speculation, calling the reference “provocative and unnecessary”.

Judge Wass has now lodged a complaint with the Bar Association in which she said Ms Dowling’s “speculative” comments were “maliciously made” and “a reprehensible deployment of personal information”.

The judge wrote that the comments were “a clear attack on the integrity and professionalism of both Judge Whitford and me.”

Judge Wass also wrote Ms Dowling has failed to apologise to her or publicly withdraw the claims that were “entirely without foundation”.

“At no time (since the complaint was made)...has Ms Dowling withdrawn the statements or apologised to me, either privately or publicly, for causing such speculation to occur,” Ms Wass wrote.

“The reference to my personal situation was inexcusable and vicious,” Judge Wass wrote.

“Ms Dowling at no time sought to check the veracity of the statements made,” she wrote.

District Court Judge Penelope Wass SC

Judge Wass called on the Bar Association to “determine” whether the DPP’s conduct justifies “a finding that Ms Dowling is not a fit and proper person to engage in legal practice”.

Alternatively, Judge Wass asked if “a finding of unsatisfactory professional conduct” should be made against Ms Dowling.

In February, Judge Whitford told Newcastle District Court there were “numerous” other failed sexual assault cases “that have been the subject of reported and private comments elsewhere”.

Ms Dowling seized on the “private comments” reference and wrote in her complaint that it was “likely to invite speculation in a reasonable reader about the source of the information”, before linking it to Justice Rigg, Judge Wass, another judge and journalists.

Judge Penelope Wass. Picture: Supplied,

Judge Whitford later clarified he was referencing another judge’s comments in a news article.

Ms Dowling also wrote that for Judge Whitford to use information that was not evidence in the case to make a ruling was “damaging to the administration of justice”.

However, Judge Wass made a similar criticism of Ms Dowling.

“Ms Dowling did precisely that: Speculating about the source of the information, in my view unequivocally damaging the administration of justice,” Judge Wass wrote.

“There is no doubt, in my view, that what was being suggested by Ms Dowling was a collaboration or conspiracy between (the judges) and three named journalists…,” Judge Wass wrote.

“That suggestion has been rejected entirely,” she wrote.

Do you have a story for The Daily Telegraph? Message 0481 056 618 or email [e-mail]