Don Harwin reinstated to NSW Cabinet after COVID fine dropped
After he sensationally dodged a $1000 fine for allegedly breaching COVID-19 travel restrictions, Don Harwin has been reinstated to the NSW Cabinet by Premier Gladys Berejiklian.
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Gladys Berejiklian has reinstated Don Harwin to her Cabinet despite Police Commissioner Mick Fuller standing by his decision to fine the minister for breaching COVID rules by retreating to his beach house.
The Director of Public Prosecutions sensationally withdrew the police fine yesterday, after quietly fast-tracking Mr Harwin’s court date despite a backlog.
It comes less than three months after Mr Harwin was exposed travelling back and forth between his Pearl Beach pad and his then-principal place of residence at Elizabeth Bay while Ms Berejiklian was publicly urging regular voters to stay at home and not to travel to the regions.
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In April, Ms Berejiklian ordered Mr Harwin back to Sydney and said she was “deeply disappointed” — but yesterday she refused to answer questions and issued a statement reinstating her friend as Minister for Arts, Public Service, Aboriginal Affairs and Special Minister of State.
Commissioner Fuller personally reviewed and signed off on the police fine against Mr Harwin in April, which was issued after Ms Berejiklian declared her disappointment. “I reviewed the circumstances of the incident at the time, and I stand by my decision to proceed with a Penalty Infringement Notice,” Mr Fuller said yesterday.
“The discontinuation of the case by the ODPP is a matter for them.”
But yesterday, Ms Berejiklian sided with the ODPP, issuing a statement saying: “Following today’s court decision clearing Don Harwin of breaching COVID-19 restrictions in April, he will be reinstated to his former positions in the NSW Cabinet. Mr Harwin’s decision to resign from Cabinet was appropriate when he received an infringement notice in April, but now that he has been cleared, it is appropriate that he return to Cabinet.
“Mr Harwin has always assured me that he did not break the rules.”
The Liberal Party powerbroker was discovered by The Daily Telegraph staying at his $1.3 million Pearl Beach home in April with a male guest, Liberal Geoffrey Winters, who had recently returned from the UK.
It was established he had travelled to Sydney to his Elizabeth Bay apartment at least twice while staying at Pearl Beach, when the Premier was urging citizens to stay at their principal place of residence.
The ODPP claimed it withdrew the fine because police did not provide enough evidence to prove Mr Harwin had left his home without “reasonable excuse”.
“The applicable Public Health Order in its terms did not restrict a person to a single place of residence. The evidence was unable to establish that Mr Harwin left his place of residence without a reasonable excuse as provided by the Public Health Order,” the Office said in a statement.
Labor demanded the ODPP explain why it sought to have Harwin’s case brought forward to yesterday, when an October 28 listing — nearly four months away — had already been scheduled.
“Once a decision has been made to discontinue a matter, it is this Office’s practice to seek the next available listing date,” the ODPP said.
The hearing to relinquish the fine lasted for about a minute, with a prosecutor, Ms Owen, for the ODPP telling Magistrate Peter Barnett: “I seek to withdraw that matter, your honour”.
Mr Barnett replied: “I can’t stop you, it’s withdrawn … he’s discharged.”
Originally published as Don Harwin reinstated to NSW Cabinet after COVID fine dropped