Labor, Greens shoot down inquiry into ‘#MeToo’ DPP Sally Dowling

NSW Labor and the Greens have voted down an inquiry into the office of chief prosecutor Sally Dowling, despite five judges launching public attacks for bringing baseless sexual assault proceedings to trial.

NSW chief prosecutor Sally Dowling.

NSW Labor and the Greens have shot down a motion for an inquiry into the office of chief prosecutor Sally Dowling, after five judges launched public attacks on her ­office for “time and time again” bringing baseless sexual assault proceedings to trial.

Upper House MP Tania Mihailuk brought a proposal before NSW parliament on Wednesday night to establish a special committee into the operations of Ms Dowling’s office and the “credibility and reliability of evidence in sexual assault matters” over the last two years.

This follows extensive reporting in The Australian newspaper detailing stinging criticism from legal experts, judges and Ms Dowling’s own staff members, 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.

“In less than 12 months five judicial officers have now expressed a variety of concerns about cases brought by the DPP with respect to sexual assault matters, and the serious lack of credible and reliable evidence,” the One Nation MP said.

“Two of those statements contained in judgments have resulted in the DPP publicly responding by way of media release. In one of these statements, the DPP said that it would be referring - and did in fact refer - a judge to judicial commission.

“This referral has caused significant concern amongst the legal fraternity and has led to a plethora of leaks within the DPP where staff are anonymously reaching out to the media, making it clear that they have been pressured, despite their concerns to pursue meritless cases.”

Upper House MP Tania Mihailuk.

Ms Mihailuk said it was a matter “that can’t be ignored by this house” and called for support into the inquiry.

However, Labor MP Anthony D’Adam said the party opposed the motion, favouring Ms Dowling’s internal audit into current sexual assault cases before the ODPP instead.

“The independence of the Director of Public Prosecutions is a cornerstone of the modern criminal justice system,” he said. “I note the comments that have been made by some judicial officers are with respect to the conduct of a small number of prosecutions.”

He continued: “I’m advised that the DPP follows the prosecution guidelines when commencing and continuing prosecutions, not any other secret or unwritten policy.”

Greens MP Abigail Boyd said the party also opposed the motion, and said an inquiry would do “immense damage” to victims.

“It sounds to me like the Director of Public Prosecutions is the only one in the New South Wales justice system who has been paying attention these last few years and is genuinely believed in the stories of victim survivors that is pursuing justice on their behalf,” she said.
“We shouldn’t be asking why the DPP is bringing forward these cases. We should be asking why police are failing to collect appropriate evidence. We should be asking why judges are deeming traumatise witnesses to be unreliable”

The motion was supported with amendments by the Coalition, with Liberal MP Susan Carter saying “victims of crime must feel confident that they will be heard and respected in the justice system, and those accused of a crime must be confident that they will be presumed innocent until proven guilty.”

Independent MP Mark Latham also supported the motion, labelling Ms Dowling a “disaster” and accusing her of “pursuing a Me Too agenda and activist legalism.”

“It sullies the independence of the director and affects all the work of the ODPP,” he said.

The Liberal’s amended motion was voted down 17-19, with Ms Mihailuk’s original motion voted down 31-5.

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