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Judge’s ‘rash’ comments criticised by Judicial Commission
There have been new developments in the clash between a top prosecutor and an NSW District Court judge, including a report that found the latter’s comments in a sexual assault matter were “rash”.
Naomi Neilson
NSW’s Director of Public Prosecutions, Sally Dowling SC, has been at odds with NSW District Court Judges Peter Whitford and Robert Newlinds after the two used judgments to make critical comments about her office’s handling of sexual assault proceedings.
According to Nine’s masthead, The Sydney Morning Herald, Judge Whitford’s suggestion that Dowling’s office operated on an “opaque or secret policy … to act otherwise than in accordance with its published guidelines” had raised concerns about how it may influence the public’s confidence in the administration of justice.
“It had no evidentiary foundation and created the appearance of a lack of judicial impartiality,” the report, as quoted by Nine, said.
However, given Judge Whitford’s “otherwise unblemished judicial career” and his regret and apology, the Judicial Commission’s only recommendation was for counselling and support from the court.
In an article published last week, The Australian revealed Dowling demanded an article about a senior judge’s complaint against her be removed. The masthead said this demand followed an earlier threat by Dowling to sue over a separate article.
It said Dowling made an “extraordinary bid” to curtail reporting.
“The Australian has declined to remove the article, rejecting the claim that the article would have any potential to interfere with the proper administration of justice,” the article said.
The newspaper included comments from its lawyer and said it would defend proceedings “to the fullest extent possible”.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
