Conflict Between Judge Penelope Wass and NSW Prosecutors Referred to Parliamentary Committee Amid Intimidation Concerns
The NSW upper-house privileges committee has been asked to investigate whether parliamentary rules were breached by citing Judge Penelope Wass's inquiry submission in applications seeking her recusal from trials involving the NSW Office of the Director of Public Prosecutions (ODPP).
Chair Robert Borsak noted that the matter may involve a serious breach of privilege and potential witness intimidation, emphasizing that the bill of rights prohibits the use of parliamentary materials in court proceedings.
Judge Wass's 68-page submission, which criticized the ODPP, was referenced in the ODPP's motions to have Wass stand aside in cases where the ODPP is a party.
The conflict arose after Wass alleged that prosecutor Dowling leaked details of an Indigenous child to the radio station 2GB. Dowling denied involvement, stating the leak originated from the ODPP's media unit. Wass reported receiving threats following the broadcast.
The inquiry primarily concerns protections for identity in proceedings involving children. Recusal motions have been filed; one has been adjourned to March, and another is pending in a separate case.
The ODPP maintains that the material cited by Wass is public and relevant to questions of apprehended bias, denies that it amounts to contempt of Parliament, and argues that the issue raises significant constitutional questions to be resolved by the NSW Court of Appeal.
Additionally, following Wass's submission, a recusal motion related to a historic sexual abuse trial was filed, with further motions anticipated.
