New South Wales Director of Public Prosecutions Sally Dowling SC stated she discussed a list of potential barristers with Attorney General Michael Daley for an independent review into findings against her office. Dowling acknowledged knowing Noel Hutley SC, who was eventually appointed to lead the review, for nearly 30 years.
The proceedings raise questions about the independence of reviews into prosecutorial conduct and potential conflicts of interest within the New South Wales legal system.
New South Wales' top prosecutor, Sally Dowling SC, has stated that she discussed a list of barristers with Attorney General Michael Daley who could lead an independent review into controversial findings against her office. The discussion occurred before Daley appointed Noel Hutley SC, whom Dowling has known professionally and socially for nearly 30 years, to conduct the review.
Last month, a state parliamentary committee narrowly voted 4-3 to find that Dowling had provided false evidence regarding the pitching of a story about an Indigenous child at a sentencing hearing to radio station 2GB. Both Dowling and Attorney General Daley rejected the committee's findings.
During budget estimates hearings on Monday, Dowling explained that she and Daley spoke before Hutley's appointment. She recounted that Daley raised several names he was considering, including Hutley's, and that some individuals on the list had previously acted for her office. Dowling stated Daley did not ask for her advice but mentioned names, to which she responded.
Dowling indicated that out of a list of eight to 12 potential candidates, she deemed two inappropriate. She did not flag Hutley as inappropriate, believing no conflict of interest existed. She mentioned knowing most senior members of Sydney's legal community after three decades, and that she had signed a statement of support for Hutley's candidacy for the NSW bar council in 2015, alongside 25 other barristers.
Attorney General Daley, speaking separately at the estimates hearing, rejected suggestions of a friendship between Dowling and Hutley. He affirmed his complete confidence in Dowling and described Hutley's review, assisted by two other barristers, as an "objective and expert analysis of [the report’s] shortcomings."