Hundreds of rape cases caught in NSW DPP Sally Dowling’s audit

Up to 400 rape cases will be probed as part of chief prosecutor Sally Dowling’s audit into NSW sexual assault matters, as she tells staff she was blindsided by judges’ criticism.

NSW chief prosecutor Sally Dowling.

Up to 400 rape cases will be probed as part of chief prosecutor Sally Dowling’s audit into NSW sexual assault matters, as she tells staff she was blindsided by the criticism of judges claiming her office runs “meritless” sexual assault prosecutions that have no hope of a conviction.

This comes as a senior member of Ms Dowling’s office quipped to solicitors that they should unsubscribe from media outlets critical of the Office of the Director of Public Prosecutions if it was impacting their ability to conduct every day tasks.

The Australian understands Ms Dowling held a last-minute meeting with about 50 solicitor advocates late on Monday afternoon to discuss the extent of an audit held in response to criticism from NSW District Court judges that her office is “time and time again” bringing rape cases to trial that have too little evidence.

Solicitor advocates represent the ODPP in the courtroom, earn about $190,000 per year, and are generally regarded as carrying most of the heavy lifting when it comes to sexual assault matters.

They are considered to be a rung below statutory-appointed Crown Prosecutors in the ODPP hierarchy – who handle murders and high profile matters and earn about $380,000 per year – but conduct largely similar functions.

Multiple sources have told The Australian that during the meeting Ms Dowling indicated between 300-400 cases which had been committed to trial this year would be reviewed as part of the audit and would be prioritised based on their hearing dates.

The audit was announced while Ms Dowling was grilled during NSW budget estimates earlier this month, in which she denied allegations from NSW District Court judge Peter Whitford that there were “secret policies” which divert from formal prosecution guidelines and see hopeless cases brought before a jury.

Judge Whitford was the fifth judge to complain about processes governing NSW rape cases, with some believing a pattern is emerging in which prosecutors prefer to take a “believe the victim” stance and push a matter before a jury, rather than dropping impossible cases.

Ms Dowling told staff on Monday that she was blindsided by comments made by Judge Whitford and his colleagues, but has since been contacted by many other judges telling her they do not agree with the criticism of the ODPP and that they believe her staff are doing a good job.

Sources told The Australian Ms Dowling indicated the audit would include all sexual assault matters where the complainant is aged over 16 and therefore can legally consent to sexual activity. The cases will be reviewed by Crown Prosecutors who are not local to where the case has been listed, to ensure no conflicts of interest arise.

NSW Deputy Director of Public Prosecutions Frank Veltro SC

Ms Dowling also assured solicitor advocates – many of whom work incredibly long hours – that the audit would be designed not to impact on their current workloads, and encouraged them to contact her directly with specific names of cases if they had any concerns.

She acknowledged the impact the judge’s criticism has had on her staff, and told them the audit was not an investigation into their individual practices but prosecutions as a whole.

The Australian understands Ms Dowling’s deputy, Frank Veltro SC, at times spoke up during the hour long meeting, mentioning negative news coverage of the ODPP in recent months.

Sources told The Australian that towards the end of the discussion Mr Veltro joked with the solicitors that they should unsubscribe from news publications that have been critical of the practices of the ODPP. Ms Dowling interrupted, saying her office would never impinge on the right to freedom of communication.

NSW Labor and the Greens last week shot down a motion brought by One Nation MP Tania Mihailuk for a more extensive inquiry into the operations of Ms Dowling’s office and the “credibility and reliability of evidence in sexual assault matters” over the last two years.

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