‘Law-abiding citizen’: After threats of arrest, Labor staffers face hours in the spotlight

After dramatic threats of arrest and detentions – and even a suggestion that NSW Police had a secure room ready in their headquarters to house five Labor political staffers – their appearance before a parliamentary inquiry on Friday was much ado about nothing.

The five advisers from the offices of Premier Chris Minns and Police Minister Yasmin Catley were the only witnesses called on Friday to the Dural inquiry, set up to examine whether race-hate laws were rushed through parliament after the discovery of an explosive-laden caravan in January. The committee made use of the full four hours it had to probe the staffers. That is not to say they uncovered any state secrets.

James Cullen was one of five senior political staffers who appeared at an inquiry into the Dural caravan incident.Credit: Janie Barrett

Much of the first hour was spent investigating how the five conversed once they had been issued with a summons to appear before the committee, as well as whether they knowingly broke the law.

In the public gallery watching on was maverick independent MP Mark Latham – not a committee member – as was refugee advocate Shane Bazzi, whom former opposition leader Peter Dutton once sued for defamation, only to lose on appeal.

The five chose to front the inquiry rather than be arrested, which would have happened if they had continued to evade the committee. Legal advice from Bret Walker, SC, confirmed this.

“You were untroubled by breaking the law?” Liberal MLC Susan Carter asked Minns’ deputy chief of staff and communications director Sarah Michael.

Political staffers Tilly South, Ross Neilson, James Cullen, Edward Ovadia and Sarah Michael appear at the inquiry.Credit: Janie Barrett

“It wasn’t that we were breaking the law here. It’s just we needed to get more advice about what our rights were,” Michael responded.

Carter: “Do you always get advice about whether a law is valid or not before you follow it?”

“In this particular instance – I like to think of myself a law-abiding citizen – so in this instance, yes,” Michael replied.

Catley’s chief of staff Ross Neilson said the staffers believed their non-attendance was not illegal.

“We had advice that we had just cause and reasonable excuse not to attend, and therefore we wouldn’t be breaking the law,” Neilson said.

Minns’ chief of staff, James Cullen, faced the most questions, particularly around why he did not take detailed notes at police briefings, which were not decision-making meetings.

Inquiry chair and independent MP Rod Roberts said the committee found it “extraordinary” that “not a single note” was kept on such a significant national security event.

“It was an ongoing investigation, you know, no one was experiencing dementia,” Cullen said. “We clearly knew that there was a lot of investigation unfolding and so it didn’t need a refresher at the start of every conversation.”

Rather, it was “entirely appropriate” for NSW Police to be the agency keeping notes.

At one stage, Cullen suggested to the committee that he could not answer for the premier and their questions were best directed to him. A collective sarcastic laugh came from the committee.

Indeed, all of this would have been avoided if Minns and Catley had simply shown up.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.