A parliamentary committee is seeking warrants for the arrest of five New South Wales government staffers who failed to appear and give evidence to an inquiry examining the Sydneycaravan “fake terrorism plot”.
The staffers – three from the office of the premier,Chris Minns, and two who work for the police minister, Yasmin Catley – were summoned to appear before the inquiry on Friday.
They did not attend. The staffers claimed – in a letter to the upper house committee chair, independent MP, Rod Roberts – that they had the “reasonable excuse or just cause” required by law to not appear.
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The staff members argued they were “proxies” because Minns and Catley could not, as members of the lower house, be compelled to appear as witnesses.
The inquiry – launched with the support of the Coalition, the Greens and crossbench MLCs – isexamining the handling of informationabout the caravan plot amid concerns whether parliament was “misled” beforecontroversial laws aimed at curbing antisemitismwere rushed through parliament.
In January, after it was announced that the caravan had been found in Dural laden with explosives, Minns said it had the potential to be a “mass casualty event”. But in March, the Australian federal police revealed they believed it was a “con job” by organised crime figures seeking to divert police resources and influence prosecutions.
Minns has said he was briefed early on that the caravan plot “could be something other than terrorism as it’s classically defined and that no line of inquiry was being ruled out by NSW police”.
The premier and the police minister refused to appear at the inquiry before the committee sought the appearance of their staffers.
Friday’s extraordinary decision to seek the arrest warrants could lead to the staffers being apprehended and brought before the committee to give evidence, but several steps have to be completed first.
Roberts will meet with the president of the Legislative Council, Nationals MP Ben Franklin, on Friday afternoon to submit the committee’s case.
Under the Parliamentary Evidence Act, if the president is satisfied that the five staffers failed to appear without just cause or reasonable excuse, the matter will be referred to a judge of the supreme court.
If the judge agrees, then warrants would be issued, the staffers arrested and brought before the committee to give evidence.
“This decision follows numerous attempts by the committee over several weeks to secure the attendance of these staff by invitation and ultimately by summons,” Roberts said in a statement.
The staffers summoned to appear included Minns’ chief of staff, James Cullen, and two of his deputy chiefs of staff, Edward Ovadia and Sarah Michael.
The police minister’s chief of staff, Ross Neilson, was also summoned, along with Catley’s deputy chief of staff, Tilly South.
The staffers’ letter to Roberts, released by the committee, stated: “Our attendance before the select committee to give evidence would be at odds with the principles of ministerial accountability and comity between the houses of parliament.”
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They pointed to an outstanding inquiry on parliamentary privilege and ethics, stating they suspected in light “of recent events” it would consider whether compelling ministerial staff to give evidence infringed parliamentary privilege or “offends principles” of Australia’s Westminster system of government.
“In these circumstances, and particularly while the standing committee’s inquiries are ongoing, we consider that there is a reasonable excuse or just cause for us to not attend the hearing, and we propose not to do so,” they wrote on Thursday.
“Given your [Roberts’] comments on breakfast radio yesterday as to the motivation for issuing the summonses, which make it clear we are ‘proxies’ because our respective ministers cannot be compelled as witnesses to the select committee, we also consider that they have not been properly issued.”
The letter noted Ovadia had informed the committee he was on leave during the relevant period.
Minns told reporters on Thursday that his staff would not appear. On Friday morning, Roberts conducted a roll call twice to empty chairs set out for the staffers before closing the hearing.
Earlier in the week, the premier told 2GB radio he believed the inquiry was based on a “giant conspiracy” led by his political opponents.
Minns said summoning staffers to appear was a “bid for some kind of relevance” by opponents.
Asked if his staffers were prepared to be arrested, Minns said: “Well, I hope it doesn’t get to that. I mean, I think that would be a giant overreach. It’s never happened before.”
The NSW Liberal leader, Mark Speakman, was asked by reporters on Friday if the move was drastic.
“It is drastic and it’s easily avoidable if they do the right thing, obey the law and appear,” he said. Minns and Catley were contacted for comment.