NSW Police investigate David Elliott over potential firearms breach
A second senior Berejiklian government minister will be investigated by NSW Police over whether they used prohibited weapons without a licence at a Corrective Services shooting range.
NSW
Don't miss out on the headlines from NSW. Followed categories will be added to My News.
- Emergency Services Minister jets to Europe as NSW burns
- David Elliott’s ‘rip your head off’ joke to dad mate
A second senior Berejiklian government minister will be investigated by NSW Police who will probe whether they used prohibited weapons without a licence at a Corrective Services shooting range.
In the wake of photographs that emerged showing Police Minister David Elliott firing two prohibited guns at the opening of the Mark Simmons Range in 2018, it can be revealed Corrections Minister Anthony Roberts is also under scrutiny after visiting the venue in late August last year.
Mr Roberts confirmed in a statement that he attended the range in his capacity as Minister in 2019 at the invitation of the Commissioner for Corrective Services, Peter Severin.
“Under direct supervision of the appropriate correctional officers at the range, firearms were used,” Mr Roberts said.
“I have now become aware of potential issues with the administration and operation of the Mark Simmons Range in accordance with the NSW Firearms Act over a number of years. These issues have been referred to the NSW Police Force.”
Questions concerning what weapons were used and whether Mr Roberts held an appropriate licence were not answered with a spokesman saying that “any other issues will be addressed during the investigation”.
Mr Elliott is under pressure to resign while NSW Police investigate whether he breached the Firearms Act over the incident at the shooting range.
It is the second time in recent months he has been investigated by police, who in November cleared him of accusations he impersonated a police officer during an alleged road rage incident.
Photographs posted on Mr Elliott’s official Facebook page from the event show him holding a submachine gun and a semiautomatic pistol at the opening of the range at the John Morony Correctional Centre in Windsor.
He was the corrections minister at the time.
While under fire over the incident during a heated budget estimates hearing, Mr Elliott repeatedly said he “acted in good faith” under the supervision of the range master despite not having a licence or permit to use the weapons.
“I attended that range as the Corrections Minister to commission that range and acted in good faith that the range master would be acting within the obligations of the Act,” he told the hearing this morning.
“Corrective Services have issued an apology to me this morning for the way that range has been operating for quite some time – I’ve accepted that apology.”
Mr Elliott said having a licence or permit at the range “wasn’t an obligation” according to the advice he received from the range master.
The maximum penalty for unauthorised possession or use of a prohibited firearm is 14 years imprisonment.
Shooters, Fishers and Farmers Party leader Robert Borsak challenged Mr Elliott, saying that “every other firearms owner in this state who is licenced has to take responsibility for their actions”.
“They can’t act in good faith – but you’re telling me as Minister you’re allowed to make that assumption?” he asked.
The Minister replied: “No, I’m telling you I was under the instruction of a firearms master and I acted in good faith under his direction”.
Department of Communities and Justice Secretary Michael Coutts-Trotter told the hearing he had spoken with Corrective Services NSW Commissioner Peter Severin last night who was “mortified” by the incident.
“The Minister was at all time acting on the advice of Corrective Services while he was on the range and appropriately we issued an apology to that effect this morning,” he said.
NSW Police Commissioner Mick Fuller confirmed he had asked his deputy commissioner David Hudson to start an investigation into the allegations at the range after Mr Elliott rang him raising concerns.
“I can confirm last night I was made aware of potential breaches by the range and potentially multiple people who have visited that range over many years,” he said.
Greens MP David Shoebridge accused Mr Elliott of putting members of the police in an “impossible situation” again by forcing them to undertake an investigation of their own Minister.
“When will you do the decent thing and resign as Police Minister and allow police to investigate it without that conflict of interest?” he asked.
Mr Elliott shot back saying that “Corrections are the ones that have potentially caused the breach”.
He also said he believed there had been a “mistake of fact” while he was on the range” and would await the advice of the investigation.
Commissioner Fuller said he did not feel there was any conflict of interest in investigating the Police Minister or that there would be any issues with running an “ethical, open, transparent investigation”.
Mr Elliott’s cabinet colleague Andrew Constance described the incident as a “really unhelpful distraction” at an earlier press conference.
“This was not a smart thing to do – we all know that,” he said.
“He needs to be accountable.”
In a statement on Monday night, Mr Elliott said he was advised Corrective Services NSW was potentially in breach of the Firearms Act “with respect to potentially hundreds of individuals, including myself, who have used the range.
“I understand potential breaches could date back up to 20 years,” Mr Elliott said.
Deputy opposition leader Yasmin Catley called on the Premier to “show leadership” and sack Mr Elliott.
“The Police Minister has broken the law. We saw photos today of him using a submachine gun which is illegal,” she said.
“He thinks he is above the law – well he isn’t.”