Judge Penelope Wass' courtroom Welcome to Country sparks war with NSW DPP Sally Dowling as she accuses her of backstabbing leak to the media - as a note about a Channel Nine personality fuels firestorm

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A judge has taken the extraordinary step of writing a scathing 68-page parliamentary submission about a chief prosecutor, accusing her office of maliciously leaking details to a radio station about a Welcome to Country performed during a court case.

Last October, top rating Radio 2GB host Ben Fordham announced live on air that NSW District Court judge Penelope Wass had allowed an Indigenous offender, aged 17, to perform the cultural ceremony during sentencing.

The boy had pleaded guilty in the Taree District Court, in northern NSW, to breaking and entering the homes of two women, aged 92 and 88, and sexually touching the younger woman.

Fordham said during his broadcast that Judge Wass had 'a shocker', that 'something was not right' with her, describing the situation as a 'local scandal'.

He told listeners the story was based on 'rock solid information' from 'very reliable sources', which was later found to be an unnamed junior staffer from within the NSW Office of the Director of Public Prosecutions (ODPP). 

Details leaked to 2GB included identifying details about the juvenile offender, including his name, and came in the form of at least one screenshot of the ODPP database that was taken from an ODPP computer screen.

Judge Wass has now made a lengthy submission to a NSW Upper House inquiry into the protection of children's identities in court proceedings over concerns the ODPP may have broken the law by leaking the information to the radio station.

Director of Public Prosecutions Sally Dowling SC initially denied any knowledge of the leak from her own office, according to Judge Wass' submission. She later confirmed to the inquiry that ODPP staff had leaked the restricted information, while strongly denying that she had any involvement or knowledge of the leak.

But a handwritten file note by Judge Wass's lawyer John Laxon, attached to her submission, appears to tell a different story.

The office of NSW DPP Sally Dowling SC (pictured) has been accused of leaking juvenile records to 2GB

NSW District Court Judge Penelope Wass (pictured) filed a 68-page submission against the ODPP

Pictured: A file note by Judge Wass' lawyer John Laxon, following his conversation with 2GB boss Tom Malone in May this year. The file note appears to suggest that Ms Dowling was at the centre of the leak, which she denies

The file note, which was an annexure in Judge Wass' submission, showed 2GB boss Tom Malone called Mr Laxon - a well-known media lawyer - in May 2025 on behalf of a friend who was looking for legal representation over an employment matter.

'A friend of [Mr Malone's] is working in media for the DPP,' the file note read.

'About six months ago, she leaked some information to the media on the instruction of Sally Dowling.'

Dowling told the inquiry she gave ‘no such instruction’. 

The lawyer told Mr Malone he couldn't represent the friend because he was acting for Judge Wass in the same matter.

'The disclosure to 2GB, well known for its populist reporting, all but guaranteed that the matter would be sensationalised and used in the way that it was,' Judge Wass's submission read.

'In my view, the only plausible explanation for the disclosure ... is that it forms part of a deliberate strategy by some of those within the ODPP, including Ms Dowling, to personally attack me, and/or perhaps more concerningly, to influence my judicial conduct in the future.'

2GB host Ben Fordham (pictured) announced live on air that Judge Wass had allowed an Indigenous offender, aged 17, to perform the cultural ceremony during sentencing

A legal file note about an alleged conversation with 2GB executive Tom Malone is at the centre of the inquiry  

Judge Wass said in her submission that the information was leaked to 'embarrass and defame' her, at the expense of a 'vulnerable Indigenous child'.

Judge Wass said in her submission that she would ordinarily excuse the leak as a single error of judgement, except that she believes this is the third time she has been singled out by Ms Dowling.

She annexed examples of three such situations between 2022 and 2024, including one last April when 'Ms Dowling made unfounded and untrue allegations against me by reason of my past private relationship with [NSW District Court] Judge Whitford,' she wrote.

A month later, she said Ms Dowling expressed criticism to the Chief Judge of the District Court about decisions Judge Wass had made in three unrelated cases.

'The Director warned me through [the Chief Judge] not to make similar decisions in the future, or action would be taken,' she wrote.

'I am unaware as to whether there have been similar warnings to any other Judge or Magistrate.'

Complaints were submitted to the Bar Association on each occasion.

Judge Wass said in her submission that, following the 2GB story, she received 'derogatory public statements and threats from consumers of the 2GB story almost immediately after it was aired'.

2GB host Ben Fordham announced live on air that NSW District Court judge Penelope Wass had allowed an Indigenous offender to perform a Welcome to Country during sentencing (stock image)

Judge Wass (pictured, centre) slammed the ODPP over the information leak

'I was called "woke" and "out of touch" and called on to be "disbarred". The public called for my sacking and accused me of being drug-affected,' she said.

'I am extremely disappointed and saddened by what has occurred, particularly knowing that the information came from within the ODPP and that the NSW [police force], the court and I were unable to adequately respond.'

She said she was in no position to defend herself or explain the situation, which was that the juvenile offender performed Welcome to Country as part of his evidence, and with the permission of the prosecution and defence.

There was no media in the court at the time and no immediate reporting about the case.

'The ODPP was entirely responsible for the publication of [the offender's] name to 2GB and the information tending to identify him,' she wrote.

Prosecutors have since demanded Judge Wass be removed from eight criminal cases following her complaint.