NSW DPP Sally Dowling SC admits to 2GB leak, but denies involvement

NSW chief prosecutor Sally Dowling says two media officers acted without authority when screenshotting confidential information about an under-age Aboriginal defendant and providing it to 2GB.

NSW Director of Public Prosecutions Sally Dowling gives evidence before a parliamentary committee on Friday. John Feder/The Australian.

NSW chief prosecutor Sally Dowling SC has admitted her staff leaked restricted information to Sydney radio station 2GB that formed part of a scathing broadcast about a judge who had been critical of the state prosecution office, but denied she instructed them to leak it.

Ms Dowling, appearing before a state parliamentary inquiry into identity protection for children in court proceedings, said two media officers acted alone and unauthorised when screenshotting confidential information about an under-age Aboriginal defendant who had been permitted by District Court judge Penelope Wass to perform a cultural ceremony in court and providing it to the radio station.

She described the parliamentary inquiry as “disgraceful” and said it has been “unfair” in not giving her enough time to respond to a scathing 68-page submission from Judge Wass accusing her of orchestrating the leak.

Ms Dowling also suggested the judge’s submission was “directed solely at Judge Wass’s personal grievance with me and my office”.

The Australian on Friday revealed Judge Wass, in her submission to the inquiry, had provided evidence suggesting Ms Dowling played a fundamental role in disclosing the information to 2GB – which presenter Ben Fordham used in a highly critical report about her – and asked the committee to consider the removal of senior ODPP officers involved in the leak.

Judge Wass said she had reported the incident to NSW police. An investigation produced no criminal charges.

Ms Dowling on Friday told the inquiry a junior media officer took a screenshot of the ODPP intranet and passed it to a more senior media manager. The manager then sent the screenshot, which included the child’s name, to 2GB.

NSW District Court judge Penelope Wass.

“At that time, the media manager was relatively new in her role and had only worked at the ODPP for about 10 weeks,” Ms Dowling said. “I wish to make it clear that at no time did I direct or ask that the media manager to provide the story to 2GB. At no time did I approve the provision of a screenshot of the ODPP case management system to any external person.

“I was not even aware of the provision of the screenshot until after the commencement of the police investigation.”

However, Ms Dowling said she had had discussions with the media manager about the cultural ceremony prior to the 2GB broadcast.

The 2GB broadcast aired a day after The Australian put questions to the prosecution office about a formal complaint Judge Wass had made with the state legal watchdog against Ms Dowling, in which Judge Wass accused Ms Dowling of trying to exert influence over the judiciary when speaking about her with the District Court’s chief judge.

The media employee managing The Australian’s inquiry was also aware of Judge Wass allowing the child to perform the cultural ceremony, Ms Dowling confirmed on Friday.

Staff involved in the 2GB leak were counselled and given a formal caution, Ms Dowling said. However, she would not explain why their employment was not terminated because the process determining the consequences contained privileged legal advice.

The inquiry heard the media manager had declined to attend the committee hearing, while the junior media officer had not been invited to give evidence.

While she initially believed the media officers simply confirmed a story that had been brought to them by a 2GB journalist, Ms Dowling said she now understands the ODPP was the source for the report.

Asked by Labor MP Stephen Lawrence whether the ODPP “gave the story” to 2GB, Ms Dowling replied: “That is my understanding now.”

Judge Wass, in her submission, said the 2GB report was full of inaccuracies, and said she permitted the child to perform the cultural ceremony as a relevant part of his evidence, and with the consent of both the prosecution and the defence.

Ms Dowling said Judge Wass did not give either party the opportunity to seek instructions before the ceremony was performed.

Judge Wass’s submission – the accuracy of which Ms Dowling on Friday strongly disputed – was published to the inquiry website late on Thursday afternoon.

Ms Dowling said the inquiry had been in possession of the submission since November 28, and had denied her procedural fairness by not providing it to her earlier.

“Allowing these grievances to be examined under the guise of a committee inquiry is not an appropriate use of this committee’s powers and privileges, and amounts to a de facto parliamentary inquiry into the conduct of officers at the ODPP under the guise of an examination of the operation of legislation,” she said.