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The Guardian World2 min read

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NSW Prosecutor Discussed Barrister Review With Attorney General

NSW Prosecutor Discussed Barrister Review With Attorney General

Sally Dowling, the Director of Public Prosecutions (DPP) for New South Wales, stated that she discussed potential barristers for an independent review of her office with the state's Attorney General, Michael Daley. This discussion occurred before Daley appointed a senior counsel to lead the review. Dowling informed budget estimates hearings that Daley had contacted her to inform her of the appointment and had "raised quite a number of names" for consideration. The DPP's office has been under scrutiny following a state parliamentary committee's finding last month that Dowling had given false evidence regarding the pitching of a story to radio station 2GB. This story concerned an Indigenous child performing an acknowledgement of country at a sentencing hearing. The parliamentary committee's vote on this finding was 4-3. Dowling indicated that the Attorney General's office had initiated the conversation about who might conduct the review. She also mentioned that the appointed senior counsel was someone she had known "professionally and socially" for nearly three decades. The context for this review stems from the parliamentary committee's investigation into allegations of misconduct and potential breaches of confidentiality within the DPP's office. The committee's report, which led to the finding against Dowling, focused on the handling of information related to a specific case involving a young Indigenous offender. The committee's decision to find Dowling had given false evidence was a significant development, prompting the need for an independent assessment of the office's operations and decision-making processes. The Attorney General's role in appointing the reviewer is crucial, as it ensures a degree of impartiality in examining the DPP's conduct and the broader functioning of the prosecution service in New South Wales. The discussions between Dowling and Daley highlight the collaborative, albeit potentially contentious, process involved in addressing such serious allegations within the state's legal system. The outcome of the independent review is expected to provide further clarity on the issues raised by the parliamentary committee and may lead to reforms within the NSW DPP's office. The budget estimates hearing provided a public forum for Dowling to address these matters and outline the steps being taken to ensure accountability and transparency. The specific barristers discussed remain undisclosed, but the fact that Dowling was consulted suggests an effort to ensure the reviewer possesses the necessary expertise and independence. The nearly 30-year professional and social acquaintance between Dowling and the appointed reviewer adds a layer of complexity to the perception of impartiality, though Dowling's statement implies she was comfortable with the selection process.

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