Chris Minns says Dural van inquiry sets troubling precedent, staffers agree to appear under threat of arrest

The premier and police minister’s top advisers only agreed to front a parliamentary inquiry when they were told failing to do so would see them being thrown in jail.

The premier and police minister’s top advisers only agreed to front a parliamentary inquiry when they were told failing to do so would see them being thrown in jail.

Five government staffers will on Friday appear at a committee probing the Dural caravan “fake terrorism plot” and the new hate speech laws that followed it, after refusing to comply with summonses last week.

The about-face came after Upper House president Ben Franklin told the state government he would have to seek warrants for the staffers’ arrested if they did not appear.

The “unequivocal” advice, from top silk Bret Walker SC, said that ministerial staff could be called before inquiries, and the staffers in question had no reasonable excuse for refusing to appear.

The inquiry had called Premier Chris Minns’ chief of staff James Cullen and his two deputy chiefs, along with Police Minister Yasmin Catley’s chief of staff Ross Nielson and his deputy.

Five of Premier Chris Minns’ staff have been summonsed to appear before an inquiry. Picture: Gaye Gerard

The government was told all five would be thrown in prison if they failed to comply with their summonses to appear.

The so-called Dural caravan inquiry is probing whether government officials knew that the caravan was part of a “criminal con job” rather than a genuine terror threat when the laws were passed.

The property at Dural in Sydney’s north west where the caravan containing explosives was relocated to before the discovery. Picture: Jeremy Piper

Mr Minns accused the Upper House of “kangaroo court” by threatening to arrest staff.

Mr Minns said he was “disappointed” to walk back from his position last week when he declared his staffers would not face questions.

“I think that the very troubling information that staff would be arrested and held potentially overnight … is a massive overreach,” he said.

“I’m offering (the staff) support as an employer, but I think it’s a troubling precedent for NSW and I think that the members of the committee are unleashing the extraordinary powers of police or the courts or the judiciary…in the service of what would be close to a kangaroo court.”

Upper House MP and committee chair Rod Roberts told 2GB on Wednesday the government had “capitulated overnight waving the white flag”.

Committee chair Rod Roberts. Picture: NewsWire / John Appleyard

NSW Opposition Leader Mark Speakman welcomed the staffers’ decision to appear but criticised Mr Minns for allowing it to escalate.

“I’m glad that’s happened — but it should never have come to this,” he told the radio station.

“There shouldn’t have been the threat of warrants or arrests, but this is a premier and a government who think they’re above the law.

“Just imagine if a witness subpoenaed by a court responded by giving it the bird — it’s the same principle in parliament. If there’s a lawful requirement to attend and give evidence, then people should do that. They’re not above the law.”

NSW Opposition Leader Mark Speakman. Picture: NewsWire / Nikki Short

The staff members were called before the inquiry after the premier and police minister refused to appear.

Lower house MPs cannot be forced to attend upper house inquiries, but staff can be.

While the government has argued the summonses issued to the premier and police minister’s staff were unprecedented, Labor in opposition also called government staff before inquiries.

Then-treasurer Dominic Perrottet’s chief of staff was called before an inquiry into scandal-plagued icare, and the then-premier’s chief of staff also fronted a committee hearing probing the shredding of government documents.

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Originally published as Chris Minns says Dural van inquiry sets troubling precedent, staffers agree to appear under threat of arrest