DPP office’s untenable situation needs circuit-breaker

The NSW Office of the Director of Public Prosecutions is a vital part of the justice system that has enormous power but is not beyond the law. Allegations of bullying, censorship and maladministration ranged against the office are the latest indication the organisation may be running out of control. SafeWork NSW must thoroughly examine the actions of chief prosecutor Sally Dowling SC and her office in light of a 21-page public interest disclosure lodged by a long-serving prosecutor whistleblower.

The action comes on top of a tumultuous 18-month period for Ms Dowling, who finds herself in legal conflict with some members of the judiciary. Five District Court judges have made allegations that Ms Dowling’s organisation has run baseless rape trials that have no hope of securing a conviction. Ms Dowling responded to the complaints by reporting three of the judges to the state’s judicial watchdog.

As legal affairs correspondent Ellie Dudley reported on Saturday, District Court judge Penelope Wass has filed an official complaint with the Office of the Legal Services Commissioner, saying that in her opinion Ms Dowling tried to “exert influence” over her when engaging in private communications with the court’s Chief Judge in the middle of a criminal hearing. In response to our reports, an officer for Ms Dowling sought to have the article withdrawn, claiming it may lead to future claims of apprehended bias involving Judge Wass.

Combined, events present a picture of a DPP office under increasing pressure. The allegations raised in the public interest disclosure are particularly alarming. They detail practices of overwork in unsafe conditions.

The complaint includes warnings of possible suicides. ODPP finance chief Michael Goddard had allegedly observed it was an organisation that “leads through fear”. The report alleges “serious maladministration by the NSW DPP, including Sally Dowling herself”.

The whistleblower says workers are suffering serious mental health issues, including at-work alcohol use and suicidal ideation, arising from overwork and burnout.

The complaint says mental health concerns are being exacerbated by the office’s “toxic and systemic failure to deal with bullying, on top of bullying allegedly perpetrated by Sally Dowling herself”.

The NSW government has a duty of care to implement an urgent and open investigation to circuit-break what clearly is an untenable situation.