Judge Penelope Wass ordered to recuse herself from criminal cases

The NSW Court of Criminal Appeal has ordered District Court Judge Penelope Wass to step aside from three criminal proceedings. The decision overturns Wass’s previous refusal to recuse herself, following an appeal by the Office of the Director of Public Prosecutions (ODPP).

The ruling stems from a long-standing dispute between Judge Wass and the state’s top prosecutor, Sally Dowling, SC. The ODPP sought recusal on the grounds of apprehended bias, citing submissions Wass made to a New South Wales upper house inquiry regarding Dowling and her office.

Justices Mark Leeming, Kristina Stern, and John Griffiths described the situation as “a very clear case for disqualification,” stating the judge was “wrong . . . in declining to disqualify herself in each of the three proceedings.” The court noted that Wass holds a series of grievances against the DPP, though it did not rule on whether those grievances were well-founded. The cases will now be heard by a different judge in the District Court.