Key facts
- A NSW parliamentary committee found Director of Public Prosecutions Sally Dowling gave false evidence under oath.
- The inquiry investigated a media leak about a sentencing hearing involving a young Indigenous offender.
- The committee recommended the NSW attorney general investigate grounds for Dowling's removal from office.
- Attorney General Michael Daley expressed full confidence in Dowling and ordered a review of the report.
- The inquiry also recommended expanding the definition of information that could lead to a child's identification in court.
A New South Wales parliamentary committee has found that the state's top prosecutor, Sally Dowling, provided false evidence under oath to an inquiry concerning a media leak about a young Indigenous offender. The committee voted 4-3 to recommend that the NSW attorney general, Michael Daley, investigate whether grounds exist to remove Dowling from her position.
The inquiry, initially established to examine protections for children in court proceedings, focused on an October 2024 incident where Dowling's office allegedly pitched a story about a sentencing hearing involving an Indigenous child to radio station 2GB. The report found this action risked identifying the child and likely breached prosecution guidelines, stating there was "no genuine public interest" in the ODPP proactively leaking the information.
District court judge Penelope Wass submitted that Dowling organised the leak to "embarrass and defame" her and undermine judicial independence, as the ODPP had previously had issues with her handling of sexual assault prosecutions. Dowling, however, has admitted her office pitched the story but strongly denied authorising it, suggesting Judge Wass had a "personal grievance" against her.
Further evidence from ODPP media manager Sally Killoran indicated a meeting with Dowling and an external media adviser where pitching the story was discussed, with 2GB suggested as a receptive outlet. Killoran stated she believed she had approval to proceed. Dowling later testified that while she did not dispute Killoran's "mistaken understanding," she did not authorise the pitch, claiming she was distracted by other ODPP matters during the meeting.
The committee's majority report concluded Dowling gave false evidence, citing her claim of only learning about the pitch in December 2025 despite attending the meeting where the decision was made. In contrast, all of Dowling's commonwealth, state, and territory counterparts wrote to Attorney General Michael Daley in support of her integrity.
Daley strongly criticised the report as a "stitch-up" and stated he had "full confidence" in Dowling, announcing he would brief senior counsel to review the findings. Dissenting committee member Greens MLC Sue Higginson described the report's assertions as "unfounded and biased" and "irresponsibly and erroneously" made. The inquiry also noted that children's identities are likely being compromised through a "jigsaw" of information and recommended expanding the definition of identifying information.