Andrew L. Urban.
As we wrote in September, “A sufficiently rigorous pre-trial assessment by a legally trained AI agent can identify important weaknesses in the prosecution theory before trial. Such a process can be used by counsel for either side as a structured pre-trial viability test. In fact, that is one of its most useful applications and has the potential to help avoid wrongful convictions.” And now NSW Attorney-General Michael Daley has made this issue a political hot potato.
As The Australian’s editorial puts it (Nov. 12, 2026) “The bitter feud between NSW chief prosecutor Sally Dowling and a string of District Court judges who believed for several years that the Office of the Director of Public Prosecutions was bringing meritless rape cases before the courts, risking miscarriages of justice. That would be grossly unfair to genuine victims and those wrongly accused. NSW Attorney-General, Michael Daley, has poured fuel on the flames, referring District Court judge Penelope Wass to the NSW Judicial Commission, the state’s judicial watchdog.
“Judge Peter Whitford, who urged judges not to “remain silent” on cases with no reasonable prospects of a conviction, left the bench after the NSW Judicial Commission partially upheld a complaint filed by Ms Dowling. And judge Robert Newlinds, who blasted “lazy and perhaps politically expedient” referrals of unverifiable rape allegations, was temporarily removed from criminal trials after his comments, with the commission holding that he should return only after a round of counselling. In December 2023, Judge Newlinds granted costs to a man who spent eight months on remand in jail and faced a jury trial despite never committing a crime. As Judge Newlinds said in the costs judgment: “This must stop. Justice has not been served and will not be served by repeated cases being prosecuted based on obviously flawed evidence.” Those unfairly accused, and their families, should not be forced to sacrifice their life savings to defend meritless claims.
As The Australian reported in September 2024, 15 rape cases were discontinued after an audit launched by Ms Dowling after judges’ criticisms of her office, claiming it was running unwinnable rape cases. “The importance of sound prosecution was also highlighted by controversies surrounding former ACT director of public prosecutions Shane Drumgold, who resigned in 2023 after serious concerns arose about his handling of Brittany Higgins’s rape claim against Bruce Lehrmann.”
Rape is one of the worst crimes and should be prosecuted to the full extent. Meritless rape allegations should not.
Let me reiterate: a legally trained AI agent such as LIA is a powerful tool that makes it possible to research the prosecution case before it proceeds to court and explore what if any legal weaknesses exist. It’s fast and usually inexpensive or even free. Tasmania’s Supreme Court is the first to release a guide to how AI should be used in court. Directors of Public Prosecutions around Australia should be next. If NSW A-G wants to do something to assist the justice system, he should consider supporting such a process.