NSW Attorney-General Michael Daley consulted with the state’s chief prosecutor, Sally Dowling, on who should lead a snap review of a report critical of her and her office, with Ms Dowling advising against multiple candidates before a silk she had known “professionally and socially” for more than a decade was selected.
Ms Dowling, appearing at NSW budget estimates, confirmed Mr Daley had called her before the release of a report coming from a parliamentary inquiry, which had probed a leak from Ms Dowling’s office regarding an under-age Indigenous offender to a commercial radio station.
She said it appeared to both of them that the report from the parliamentary committee would be critical of her and her office.
“It was clear to me, and I think clear to the Attorney-General, that the findings of the report were going to be unsupported by the evidence and (would be) very adverse to me and my office,” she said “There were some discussions about what would happen when the report came down.”
Ms Dowling confirmed she had discussed with Mr Daley who could lead a review of the committee’s report but said she couldn’t recall if that was before the report was released.
Noel Hutley SC was eventually appointed, with Ms Dowling acknowledging on Monday she knew him “professionally and socially”, but rejecting there was any conflict of interest.
“(Mr Daley) raised quite a number of silks’ names that he was considering, including Mr Hutley’s name,” Ms Dowling told MPs on Monday.
She said Mr Daley didn’t ask for her opinion on Mr Hutley and between eight and 12 candidates were raised.
“I didn’t rule anybody out … I said that two of those people … would not be appropriate because they’d acted for the ODPP recently,” Ms Dowling said. “He mentioned some names and I responded to those names. That’s the extent of the conversation.”
Following Mr Hutley’s review, released in early August, the NSW government shot down two key recommendations from the parliamentary inquiry’s report, including the creation of a body overseeing the Office of the Director of Public Prosecutions and the establishment of a formal inquiry aimed at determining whether Ms Dowling should be removed from her role as chief prosecutor.
Under questioning by independent MP Mark Latham at budget estimates, Ms Dowling accepted she signed a statement of support for Mr Hutley when he ran for the Bar Association in 2015.
She said 26 other barristers supported Mr Hutley at the time and that she knew most of the senior members of the Bar after 30 years practising in Sydney.
“I know him professionally and socially and I have utter respect for his professionalism,” Ms Dowling said of Mr Hutley.
“If Mr Hutley considered that he had some kind of conflicts that meant he shouldn’t accept that brief from the Attorney-General, I have total confidence that he would have informed the Attorney-General of that.”
Following the release of the review last month, Mr Daley said Mr Hutley was assisted by two other barristers who “surgically disassembled” the committee’s report.
“I’m totally vindicated (in) what I’ve said, which was that it was the worst inquiry I’ve seen in 20 years in this place,” Mr Daley said at the time.