Coronavirus: Former NSW arts minister Don Harwin cleared over holiday house visit

Former NSW minister Don Harwin was fined after heading up the coast at a time when non-essential travel was banned.

Former NSW arts minister Don Harwin. Picture: AAP

Former NSW arts minister Don Harwin has been reinstated to the Berejiklian cabinet after being cleared of a $1000 infringement notice for allegedly breaching COVID-19 restrictions.

The Office of the NSW Director of Public Prosecutions withdrew the charge on Friday, citing flaws in the case against him.

The Australian revealed last month that NSW Premier Gladys Berejiklian would reinstate Mr Harwin to cabinet if he successfully overturned the fine. The matter had originally been set down for October 28 but was expedited once the DPP conducted a review of the evidence.

“A decision was made to discontinue the charge following a ­review of the available evidence,” a DPP spokeswoman said.

“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.”

Mr Harwin at his Central Coast holiday house in April. Picture: Christian Gilles

Ms Berejiklian issued a statement on Friday saying Mr Harwin would be reinstated to all of his ­former positions in the ministry. His portfolios prior to stepping down included Aboriginal affairs, special minister of state and the public service, all of which were taken up by Ms Berejiklian.

“Mr Harwin has always assured me that he did not break the rules,” the Premier said.

The former arts minister was fined by police in April after allegedly commuting between Sydney and his holiday home on the NSW central coast at a time when the state’s residents were banned from all non-essential travel.

As a result of the infringement, which was reviewed and upheld by Police Commissioner Mick Fuller, Mr Harwin voluntarily stood aside from his cabinet roles.

Mr Fuller released a statement in response to the withdrawn ­infringement, saying he stood by his decision to proceed with the matter. “The discontinuation of the case by the ODPP is a matter for them,” he said.

NSW Labor’s leader in the legislative council, Adam Searle, questioned how a penalty so legally deficient could ever have been issued in the first place. He said this raised questions about other fines that had been issued.

“The Premier has to come clean to the public about what ­implications this has for other fines, and the whole regime of public health orders in the context of the pandemic,” Mr Searle said, adding that Mr Harwin was originally criticised by the Premier for a breach of standards.

“The Premier made it clear that quite separate to the issue of any law being broken, Mr Harwin had failed to meet the standard expected by her. In the light of this decision, does the Premier stand by her standards or is she now ­prepared to drop them?”

Health Minister Brad Hazzard, who signed the public health order that Mr Harwin was alleged to have breached, said every citizen was entitled to their right to an ­appeal.

“People should comply with the health orders,” he said. “But of course, like any other legal order, we have rights as citizens in a democracy to challenge those ­decisions, and the legal system is a very good legal system.”

NSW Minister for Customer Service Victor Dominello said he was pleased Mr Harwin had emerged successful from the legal process. “I’m pleased Mr Harwin has gone through that process and I’m pleased for him for the result,” Mr Dominello said.

Mr Harwin was contacted for comment.