The NSW Court of Criminal Appeal has delivered a major blow to District Court Judge Penelope Wass, ordering her to immediately step down from three active criminal trials.
The unanimous decision on Friday overturned Wass’s previous refusal to recuse herself, with the appeals court labeling the situation "a very clear case for disqualification" due to apprehended bias.
A Bitter Public Feud
At the heart of the court's decision is a long-standing, highly public grievance between Judge Wass and Sally Dowling SC, the state’s Director of Public Prosecutions (DPP).
The tension escalated when Wass made a formal submission to a controversial NSW parliamentary inquiry targeting Dowling and her office. The appeal court noted that a sitting judge lobbying a political committee to investigate—and potentially remove—the state’s top prosecutor was "remarkable," given that the DPP regularly brings cases before Wass's courtroom.
The parliamentary inquiry itself was sparked by a media leak regarding a case where Wass invited a young Indigenous offender to deliver a "Welcome to Country" before his sentencing.
Breach of Judicial Standards
Beyond the institutional friction, the appeal court highlighted worrying private communications. Wass reportedly exchanged LinkedIn messages and had a telephone call with a defense barrister regarding the parliamentary inquiry while his client's sentencing decision was still pending.
She also engaged in similar unsolicited communications with a solicitor in a separate case.
The three-judge appeal panel criticized Wass’s judgment, stating she failed to recognize that "it is a breach of basic judicial standards to communicate with the representative of a litigant" in private while issues in the case remain undetermined.
What Happens Next
The three affected criminal proceedings—which include two sentencing hearings and a delayed child sexual abuse trial—will be reassigned to a different District Court judge to ensure neutrality.
Meanwhile, the broader political fallout continues. While a parliamentary majority recommended stricter oversight of the DPP, NSW Attorney-General Michael Daley has strongly defended Dowling, dismissing the inquiry's findings as a "stitch-up" and rejecting its primary recommendations.
