Payouts after failed sex assault cases spike under watch of current DPP Sally Dowling

Courts have decided 52 people are eligible for payouts following failed sexual assault cases prosecuted by the NSW Director of Public Prosecutions since Sally Dowling was appointed the state’s top prosecutor.

Since DPP Sally Dowling was appointed as the state’s top prosecutor in mid-2021, 52 people have been determined to be eligible for payouts after failed sexual assault prosecutions.

Courts have decided 52 people are eligible for payouts following failed sexual assault cases prosecuted by the NSW Director of Public Prosecutions since Sally Dowling was appointed the state’s top prosecutor.

The number of people eligible for a payout after failed sexual assault cases has increased under Ms Dowling’s watch, with a spike in the number of “certificates” issued entitling people to apply for costs.

The revelations come amid criticism of the DPP, which has led to Ms Dowling ordering an audit of sexual assault cases to ensure they are fit to stand trial.

Ms Dowling was appointed as DPP in August of 2021. In the first two financial years of her tenure, courts issued 40 “certificates” under the Costs in Criminal Cases Act for sexual assault cases prosecuted by the DPP. These certificates entitle defendants in failed cases to apply for costs.

Seventeen certificates were issued for district court cases in the 2021-22 financial year. In 2022-23, 23 certificates were issued – the highest yearly number in the past decade.

Director of Public Prosecutions Sally Dowling SC.

Twelve certificates were issued for failed District Court prosecutions between July last year and March 15. In 2020-21, before Ms Dowling took over, 15 people were deemed to be eligible to seek costs.

While the number of people eligible to seek costs over failed sexual assault prosecutions have increased under Ms Dowling, total value of payouts have decreased. The data was provided in answer to a question asked in parliament by independent MP Rod Roberts.

“The statistics show a clear increase in the cost certificates awarded in sexual offences since the appointment of Sally Dowling as the Director,” Mr Roberts said.

It is unclear whether the certificates awarded since Ms Dowling was appointed relate to prosecutions launched under her watch, or before she took the job.

Ms Dowling last month launched a probe of as many as 400 sexual assault cases following an avalanche of criticism about what cases it is bringing before the courts.

Last month, Judge Craig Everson SC slammed the state prosecutor over a weak drug manufacturing case against Sydney man Luka Zoric while ordering taxpayers fund Mr Zoric’s costs.

On Wednesday, the father of a 21-year-old Sydney engineering student acquitted of sexual assault said the decision to prosecute “defies imagination”. The man said the fight to clear his son cost him $600,000.

Margaret Cunneen told The Saturday Telegraph innocent people are being put before the courts accused of sexual assaults where the evidence is too weak to prosecute.

The DPP disputed the numbers provided by Attorney-General Michael Daley but did not provide alternative data.

“The decision to grant a costs certificate does not equate to a finding that the prosecution was without merit,” a spokeswoman said.

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