A New South Wales parliamentary committee has found that the state's top prosecutor, Sally Dowling, gave false evidence under oath regarding a media leak about a young Indigenous offender. The report, released on Tuesday, recommended that Attorney General Michael Daley consider whether grounds exist to remove Dowling from office.
Committee Findings and Reactions
The upper house inquiry voted 4-3 to conclude that Dowling authorised pitching a story to radio station 2GB about a sentencing hearing involving a young person, and that she falsely denied doing so in her evidence. The report stated there was 'no genuine public interest' in the Office of the Director of Public Prosecutions (ODPP) proactively and surreptitiously pitching the story, and that the action risked identifying the child, likely breaching prosecution guidelines.
However, Attorney General Michael Daley called the report a 'stitch-up from the outset' and described it as 'the worst ... that I have seen in my nearly 21 years in parliament'. He said he would instruct the Crown Solicitor's Office to brief senior counsel to review the report.
The Leak Incident
The inquiry, originally set up to examine protections against identifying children in court proceedings, focused on an October 2024 incident. Dowling's department shared details with 2GB about the sentencing hearing of an Indigenous child, who was incorrectly described on air as having performed a 'welcome to country'. The child was not named, and a police investigation ended with no charges.
District Court Judge Penelope Wass, who had allowed the child to perform an acknowledgment of country before sentencing, wrote a 68-page submission alleging Dowling organised the leak to 'embarrass and defame me and to undermine the independence of a district court judge'. Wass has previously criticised the ODPP's handling of sexual assault prosecutions under Dowling.
Evidence and Denials
Dowling admitted her office pitched the story but strongly rejected authorising it. She claimed she only learned her office was the source two days before her December 2025 appearance, and accused the inquiry of a 'gross denial of procedural fairness'. The ODPP's media manager, Sally Killoran, testified about a meeting with Dowling and an external media adviser the day before the story aired. Killoran said she discussed proactively pitching the story to the Daily Telegraph, but the adviser suggested 2GB would be more interested. She stated, 'No one objected ... therefore, at the time, I believed I had approval to pitch the story.'
Dowling told the inquiry she did not dispute Killoran's 'mistaken understanding' but did not authorise the pitch, noting she had been reading emails about other matters during the meeting. The external media adviser did not appear before the inquiry.
Support for Dowling and Dissent
Before the report's release, all of Dowling's commonwealth, state, and territory counterparts wrote to Daley supporting her. The June 30 letter stated: 'We have each had significant professional involvement with Ms Dowling SC ... and collectively hold the view that she is a person of integrity who ... has always conducted herself in an exemplary and ethical manner.'
The committee's deputy chair, Greens MLC Sue Higginson, issued a dissenting statement calling the findings 'unfounded and biased ... both irresponsible and incredible'. She noted that after a court decision, parliamentary committees lost the power to compel witnesses, which 'had a negative impact on the veracity with which this inquiry can make findings'.
Recommendations and Next Steps
The committee recommended the government expand the definition of information that can lead to identification of children in court proceedings. Daley said he had full confidence in Dowling, adding, 'The report makes findings that are unsupported by the evidence. It reaches conclusions that are contrary to sworn testimony. It treats mere suspicion and speculation as fact.'
An ODPP spokesperson welcomed Daley's rejection of the findings and his decision to brief senior counsel, stating, 'The ODPP acts with integrity and independence. That is not going to change.'
