Prison bosses on notice over David Elliott incident
NSW Police have issued a ‘show cause’ notice to the state’s prison bosses following an audit of a firearms range where the police minister used a prohibited gun.
NSW Police have issued a “show cause” notice to the state’s prison bosses following an audit of a firearms range where the police minister was photographed shooting a prohibited submachine gun in September 2018.
The Australian revealed in March that NSW Police Minister David Elliott faced the prospect of criminal charges after posting images of himself firing a Heckler & Koch submachine gun and Glock pistol during the opening of the firearms range, managed by Corrective Services NSW, in Sydney’s north west.
In NSW, it is lawful for an unlicensed person to handle a firearm at a shooting range, provided they fill out a declaration answering several questions, including whether they have been prohibited from holding a firearms licence, or committed a serious offence in the past 10 years.
But the declaration does not permit them from handling prohibited weapons, such as those Mr Elliott was photographed holding and firing. He was the NSW Corrective Services Minister at the time with oversight over the facility.
The Australian has learned that detectives inspected the shooting range, located at John Morony Correctional Centre, in the Sydney suburb of Windsor, on March 17, about one week after news of the criminal investigation was revealed.
The unauthorised possession or use of a prohibited firearm is punishable by a maximum of 14 years’ imprisonment.
“Following the visit, the NSW Police Force Firearms Registry has introduced additional conditions that govern the use of the range,” a police spokeswoman said in a statement to The Australian.
“A show cause notice has also been served on Corrective Services NSW,” they said, adding that investigations were continuing into the use of the weapons, and whether that was ultimately legal.
The investigation – codenamed Strike Force Tuggerah – is being managed by the NSW Drug and Firearms Squad.
Comment has been sought from CSNSW and Mr Elliott.
NSW Labor has previously called for Mr Elliott to be sidelined over the incident, saying that it marked the second time in six months that he had to be investigated for criminal conduct by an agency under his command.
He was previously interviewed by police over an alleged road rage incident involving a teenager in late 2019, which did not proceed with criminal charges. A subsequent review of that investigation, conducted by police, found a lack of evidence to advance the matter further.
Premier Gladys Berejiklian has previously resisted calls to stand aside Mr Elliott, saying her minister was acting in “good faith” when he handled the weapons, and therefore was not culpable.
“If you’re given certain advice on the spot and you take that advice, you assume that the person giving you that advice has done all the checks and is compliant with the law,” she told a parliamentary hearing in March.
Shadow police minister Lynda Voltz said it was up to the Premier to enforce ministerial accountability, not the NSW Police Force.
“When is Gladys Berejiklian going to start holding people like David Elliott to their ministerial responsibilities? It is not the job of the NSW Police to be upholding the Westminster system of Ministerial accountability — that is the job of the Premier.”
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