NSW DPP Sally Dowling Discussed Review Barristers with Attorney 2026

The top prosecutor in NSW, Sally Dowling SC, has revealed she discussed potential barristers for an independent review with the state's attorney general before his appointment, raising questions about the review's impartiality. During budget estimates on Monday, Dowling confirmed that she and Attorney General Michael Daley spoke about a list of senior counsel candidates, including Noel Hutley SC, who was ultimately chosen to lead the review into findings that she gave false evidence to a parliamentary committee.

The controversy stems from a parliamentary committee's 4-3 vote last month, which found that Dowling had given false evidence about pitching a story to radio station 2GB regarding an Indigenous child performing an acknowledgement of country at a sentencing hearing. Dowling admitted her office pitched the story but denied authorizing it, and both she and Daley rejected the committee's findings.

Background of the Dispute

The parliamentary committee's inquiry centered on allegations that the Office of the Director of Public Prosecutions (ODPP) had improperly contacted 2GB to cover a story about an Indigenous child's acknowledgement of country. The committee's majority found that Dowling's testimony was misleading, but the DPP and Attorney General maintained that the evidence did not support such a conclusion.

Dowling stated that Daley had called her to inform her about appointing a senior counsel to review the evidence before the inquiry and the majority report. She said, "He raised quite a number of senior counsel's names that he was considering, including Mr Hutley's name, and some of those people did have a conflict, they had acted for the ODPP, for me, and that was about..." This revelation has sparked concerns about the independence of the review process.

Key Details of the Appointment

Noel Hutley SC, a prominent barrister, was appointed to lead the independent review, which ultimately found there was "no positive basis" to conclude that Dowling had given false evidence. However, Dowling's admission that she discussed the candidates with Daley before the appointment has raised eyebrows, as it suggests a potential conflict of interest or at least an appearance of impropriety.

Dowling noted that she had known Hutley "professionally and socially" for nearly 30 years, further complicating the perception of impartiality. The Attorney General's office has defended the appointment, stating that Hutley's expertise and reputation made him a suitable choice for the review.

Comparison of Review Processes

To better understand the implications, let's compare independent review practices in similar contexts:

Reactions and Implications

The revelation has prompted calls for greater transparency in how independent reviews are conducted. Legal experts argue that while discussing candidates with the subject may not be illegal, it undermines public confidence in the outcome. The opposition has demanded a full explanation from Daley, questioning whether the review was truly independent.

Dowling maintained that she did not influence the selection, stating that Daley raised the names and she merely provided feedback. However, the optics of the situation are problematic, especially given the political sensitivity of the case.

Key Takeaways

• Sally Dowling discussed barrister candidates for the review with Attorney General Michael Daley.
• Noel Hutley SC was appointed and found no basis for false evidence claims.
• The discussion raises questions about the independence of the review.
• Some candidates were excluded due to conflicts, but Hutley had a long-standing relationship with Dowling.
• Opposition parties are calling for further investigation into the appointment process.

FAQ

As the situation unfolds, the public and legal community await further clarification from the Attorney General's office. The incident highlights the delicate balance between due process and public perception in high-profile legal matters.

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