Baulkham Hills: Daniel Luland escapes conviction for intimidating MP David Elliott

A man who followed and filmed the former Police Minister over the government’s “racist” handling of Covid lockdowns has learned his fate in court where the MP said he would not cop intimidation.

A man who intimidated Baulkham Hills MP David Elliott as he walked to a shopping centre to buy flowers for his wife has been sentenced in court, where his lawyer said he was “annoying” but not threatening the politician.

Daniel Joseph Luland, 36, recorded the conversation with the senior Liberal politician who was the police and emergency services minister during the exchange on August 20, 2021, when he allegedly followed him down Old Northern Rd at Baulkham Hills after he left his electorate office just before 3pm.

During mobile phone footage played before Parramatta Local Court on Friday, Luland questioned Mr Elliott about the state’s powers to impose federal legislation over lockdown laws such as deploying the Australian Defence Force during the Delta outbreak.

“As a police officer who’s also a veteran, you should understand the importance of freedoms of our Australian citizens,’’ Luland said.

“Our government are taking away our freedoms unlawfully.

“ … I’m not f***ing yelling at you and abusing you — I’m expressing myself.

“What they are doing in southwest Sydney now is racist — it’s racially motivated.’’

When Mr Elliott told him about the Northern Beaches lockdown six months earlier, Luland questioned him why the government failed to enforce the same restrictions in Bondi before Mr Elliott conceded it “should have been done”.

Daniel Joseph Luland outside Parramatta Local Court on Friday.

MP David Elliott elevated the incident with Daniel to police after realising it was being recorded, a court has heard. Picture: Christian Gilles

“It’s f***ed up,’’ Luland said before ranting about the Police Commissioner’s “$87,000 pay rise” and then Premier Gladys Berejiklian and Prime Minister Scott Morrison’s “$8000” and $9000’’ respective weekly paychecks.

“I’m not trying to be a prick, mate,’’ Luland was recorded telling Mr Elliott as he walked towards the Grove Square shopping centre to buy some groceries and the flowers.

“I’m one of your local constituents.’’

The footage captured witness Stephen Parnell, who Mr Elliott had met before, telling the accused to mind his own business as he followed the politician outside a cafe near the mall and “returning serve” telling the accused to “f*** off” after he swore at him.

“I realised this person was being nasty,” Mr Parnell told the court.

“I thought this guy’s up to no good. This could be getting nasty.’’

Other CCTV footage showed Mr Elliott leaving the mall with a flower bouquet while Mr Luland, wearing a white baseball cap, and black shorts and T-shirt walked along Old Northern Rd.

During cross examination, Mr Elliott told the court the accused was unknown to him and that he was acting “mildly aggressively but in a frustrating manner which is not something uncommon to me given the public health orders and effects on individuals”.

He said Luland asked him if he was the police commissioner after he stepped out of his office and conceded “one or two” of his responses about Covid restrictions were not efficient but “in my mind the government was doing what it should do to mitigate the spread of the virus”.

“The conversation continued and he became quite aggressive,’’ Mr Elliott said.

When he realised the conversation was being recorded, he told the court he thought it was “in bad faith” and attempted to stop the discussion.

“Unfortunately in the seven years I’ve had many death threats and cases of intimidation, people following me, I’ve been under police protection on two occasions,’’ Mr Elliott said.

“Quite frankly, I’ve had a gutful and I don’t cop it anymore.

“I felt his physical presence was too close to me.

“It’s very unusual for someone to speak to me with that sort of tone.’’

Daniel Luland followed Mr Elliott to Grove Square shopping centre at Baulkham Hills.

Mr Elliott told the court he rejected Luland’s claim that he was a veteran and told him “a veteran wouldn’t speak to a member of parliament that way’’.

However, the court later heard that Luland served a combative role in the defence force for several months in 2009 and had suffered post traumatic stress disorder.

When Mr Elliott returned to his office, he called the police commissioner before alerting Castle Hill police.

Luland was charged with two counts of stalking and intimidate intending to cause fear of physical or mental harm.

A charge of fail to comply with noticed direction in relation to Covid-19 was withdrawn.

The prosecution said Luland was being “increasingly confrontational and aggressive’’ and his persistence in following Mr Elliott meant he feared for his safety.

“Mr Elliott took steps to de-escalate the situation. He walked away from the accused but in the face of that the accused persisted,’’ the prosecutor said.

However, defence lawyer Vinny Vijay argued the conversation was not threatening despite the expletives used.

“They appear to talk quite cordially,’’ he said.

“He was not intending to intimidate Mr Elliott at that time. When he followed him to the shopping centre, he kept his distance.

“It could be categorised as annoying. It doesn’t appear there were any clear threats made by Luland.’’

Mr Vijay said his client was experiencing problems after he split from his wife and had been assaulted since he worked as a security guard from 2015.

He is now a storeman studying to be a paramedic.

Magistrate Eve Wynhausen found Luland guilty of intimidating Mr Elliott.

“On that occasion Mr Luland did overstep the mark what was annoying and bothering and disturbing to what was intimidation,’’ she said.

“It wasn’t trivial but I do take into consideration you’re otherwise of good character.

“It seems at that particular time there were many stressors in your life — as were every member of the public because of lockdown — but you in particular.’’

She found him not guilty of intimidating Mr Parnell.

She did not record a conviction and sentenced Luland to a six-month community release order (good behaviour bond).

Luland must not go within 100m of Mr Elliott.