The corruption watchdog has revealed it is investigating one of the state's top prosecutors over allegations she perverted the course of justice, in a move that will send shockwaves through the legal community.
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The Independent Commission Against Corruption said on Thursday that it would hold a public inquiry into allegations that deputy senior Crown prosecutor Margaret Cunneen, SC, and her son Stephen Wyllie counselled his girlfriend, Sophia Tilley, to "pretend to have chest pains" to prevent police officers from obtaining evidence of her blood alcohol level at the scene of a car accident on May 31 this year.
The commission is investigating whether this was done "with the intention to pervert the course of justice".
Ms Tilley allegedly took the advice.
The public inquiry will start on Monday, November 10, and is expected to run for three days.
"As this matter involves a senior public official involved in the administration of justice in New South Wales, the Commission considered it appropriate for a person from outside New South Wales to preside at the inquiry," the commission said in a statement.
Queensland barrister Alan MacSporran, QC, a former Queensland Parliamentary Crime and Misconduct Commissioner has been appointed an assistant commissioner to preside at the public inquiry.
Counsel assisting the commission will be Sydney barrister Michael Fordham, SC.
Former premier Barry O'Farrell appointed Ms Cunneen to preside over the special commission of inquiry into claims of interference in police investigations of alleged paedophile priests in the Hunter region.
Attorney-General Brad Hazzard said on Thursday that the Director of Public Prosecutions, Lloyd Babb, SC, had "advised me that in discussions with Ms Cunneen, SC, she has agreed that it is appropriate for her to stand aside and to have no active involvement in any current prosecution or future prosecution until the resolution of the ICAC hearing whereupon the situation will be reviewed".
"It is important to recognise that any individual appearing before ICAC has the presumption of innocence and Ms Cunneen, as with any other NSW citizen, has an absolute entitlement in that regard," Mr Hazzard said.
"The matter will now proceed through the normal processes of ICAC."
