NSW DPP Sally Dowling accused of false evidence over 2GB media leak and judge dispute
Consensus Summary
A NSW parliamentary committee report has accused Director of Public Prosecutions Sally Dowling of authorising a media leak to 2GB in October 2024 and then giving false evidence under oath during an inquiry. The report, released in July 2026, found that Dowling falsely denied authorising the leak, which involved sharing details of a sentencing hearing involving a young Indigenous offender. The story, aired on 2GB’s breakfast show, alleged that District Court Judge Penelope Wass had allowed the offender to perform an acknowledgment of country in court, which Dowling’s office later claimed was a retaliatory move after Wass criticised the ODPP’s handling of sexual assault cases. The committee, which was originally tasked with examining identity protections for children in court proceedings, instead focused almost entirely on the dispute between Dowling and Wass.
The controversy stems from a long-standing professional rift between Dowling and Wass, who had publicly criticised the ODPP’s approach to sexual assault prosecutions. Wass submitted a 68-page document to the inquiry alleging that Dowling’s office deliberately leaked the story to 'embarrass and defame' her. The leak also raised concerns about potential breaches of child identity protections, though a police investigation in 2025 found no evidence of wrongdoing. The committee’s report, supported by a 4-3 majority, concluded that Dowling’s denials were false and recommended that Attorney-General Michael Daley consider removing her from office or establishing a new oversight committee for the ODPP. Daley, however, rejected the findings, calling the report the 'worst' he had seen in his nearly 21 years in parliament and expressing full confidence in Dowling.
Dowling’s defence hinges on her claim that she did not authorise the leak and only became aware of it days before her December 2025 testimony. She admitted attending an internal meeting on October 24, 2024, where pitching the story to 2GB was discussed but insisted she did not approve it. The SMH and Guardian report that Dowling was distracted during the meeting, reading emails and texts about other ODPP matters, while the ABC focuses more on the broader impact of the leak on Wass’ reputation. A letter dated June 30 from Dowling’s counterparts across Australia described her as a 'person of integrity,' further complicating the committee’s findings. The dissenting voices, including Labor MPs Cameron Murphy, Bob Nanva, and Greens MP Sue Higginson, argued that the report’s conclusions were unsupported by evidence and relied on speculation rather than facts.
While the SMH and Guardian provide detailed accounts of the internal meeting and Dowling’s alleged false testimony, the ABC places greater emphasis on the political and procedural controversies surrounding the inquiry itself. The ABC notes that Daley rejected the recommendation for a separate inquiry, calling it a waste of taxpayers’ money, while the SMH and Guardian highlight the committee’s perceived bias and the lack of a key witness—the external media adviser—who did not appear before the inquiry. The Guardian also points out that the loss of parliamentary committees’ power to compel witnesses may have undermined the inquiry’s credibility. Despite these differences, all three outlets agree that the report has deepened divisions within the NSW legal and political spheres, with the ODPP and its supporters dismissing the findings as politically motivated.
The unresolved question now is whether Daley will act on the committee’s recommendations, particularly the call for a formal inquiry into Dowling’s conduct. The SMH and Guardian suggest that Daley’s decision to instruct the Crown Solicitor’s Office to review the report with senior counsel may be a precursor to further legal or political battles. Meanwhile, the dissenting MPs and Dowling’s supporters continue to challenge the report’s validity, arguing that the findings are flawed and lack sufficient evidence. The controversy also raises broader concerns about the independence of the ODPP and the role of media leaks in legal disputes, particularly when children’s identities are involved. As the debate continues, the focus remains on whether the committee’s report will lead to meaningful reforms or simply exacerbate the existing tensions between the judiciary and the prosecution service.
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Key details reported by multiple sources:
- The NSW Attorney-General Michael Daley called the parliamentary committee report the 'worst' he had seen in his nearly 21 years in parliament.
- The inquiry was set up ostensibly to examine statutory identity protections for children in criminal proceedings but focused almost exclusively on DPP Sally Dowling and District Court Judge Penelope Wass.
- The 2GB story aired in October 2024 about District Court Judge Penelope Wass allowing a young Indigenous offender to perform an acknowledgment of country during sentencing.
- The committee report found that Dowling authorised pitching the story to 2GB and 'falsely denied having done so in her evidence to the committee'.
- Dowling admitted her office pitched the story to 2GB but denied authorising it, saying she only became aware of it days before her December 2025 testimony.
- A 68-page submission by Judge Wass accused the ODPP of leaking information to 'embarrass and defame' her.
- The committee recommended Daley consider establishing a formal inquiry with compulsory powers to examine whether there are grounds to remove Dowling from office.
- Dowling attended an internal meeting on October 24, 2024, where pitching the story to 2GB was discussed, but claimed she did not authorise it.
- The committee was split 4-3, with Labor MPs Cameron Murphy and Bob Nanva, and Greens MP Sue Higginson, dissenting from the majority findings.
- A letter dated June 30 from Dowling’s Commonwealth, state, and territory counterparts described her as a 'person of integrity'.
Points of Difference
Details reported by only one source:
- The 2GB story was aired amid an apparent rift between the ODPP and some District Court judges, including Wass, over sexual assault prosecutions.
- The committee said the story was pitched in retaliation for Judge Wass’ previous criticisms of the ODPP.
- The inquiry heard Dowling was present at an internal meeting with the ODPP media manager and an external media consultant a day before the 2GB story aired.
- Dowling said she 'deeply regret[s] now not giving that meeting my complete attention' and was reading emails and texts about other ODPP business during it.
- The committee found Dowling’s evidence was false, including her claim that she only discovered in December 2025 the story had been pitched by the ODPP, despite attending the meeting where it was discussed.
- The ODPP said it was 'difficult to avoid the inference that the committee intended to ambush Dowling with the judge’s submission at the inquiry hearing'.
- The committee’s report said the ongoing dispute between Dowling and Wass was harmful to the administration of justice and risks undermining public confidence in the courts.
- The inquiry was called in October last year but focused almost solely on the leaking of the story to 2GB.
- The committee’s report stated that the leak had a 'significant personal and professional impact' on Judge Wass.
- The report described the ODPP’s actions as 'inherently dangerous and potentially intimidatory of the various participants in the criminal justice system'.
- Daley rejected the recommendation to set up a separate inquiry, saying he would not 'waste millions of dollars in taxpayers' money'.
- The ABC reports that Judge Wass told the inquiry the leak was meant to defame her during an ongoing professional dispute.
- The committee found there was 'no genuine public interest' in the ODPP 'proactively and surreptitiously' pitching the story, which risked identifying the child involved.
- The inquiry found that some in NSW were likely being identified 'through a “jigsaw” of information' and recommended expanding the definition of information that can lead to identification.
- The Guardian reports that the external media adviser did not appear before the inquiry or make herself available to be served a summons to give evidence.
- The committee’s deputy chair, Greens MLC Sue Higginson, said the loss of power for parliamentary committees to compel witnesses had a 'negative impact on the veracity with which this inquiry can make findings'.
Where the reporting differs
Details that conflict, or appear in only some outlets:
- The SMH and Guardian state that Dowling attended an internal meeting on October 24, 2024, where pitching the story to 2GB was discussed, but the ABC does not mention this specific date or detail of the meeting.
- The SMH and Guardian report that Dowling admitted her office pitched the story to 2GB, but the ABC does not explicitly state this admission in the same way.
- The SMH and Guardian describe the committee’s majority as including Shooters, Fishers and Farmers Party’s Robert Borsak, Labor’s Stephen Lawrence, and Liberals Susan Carter and Natasha Maclaren-Jones, while the ABC does not list the specific party affiliations of the majority members.
Source Articles
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NSW’s top prosecutor gave false evidence on media leak about young Indigenous offender, inquiry finds
Sally Dowling admits her office pitched the story but says it was not authorised by her, while her colleagues call her ‘a person of integrity’ Follow our Australia news live blog for latest updates Get our breaking news email , free app or daily news podcast A New South Wales parliamentary committee report has made findings accusing the state’s top prosecutor of giving false evidence under oath to an inquiry and recommended the attorney general investigate whether there are grounds to remove her