‘Dangerous': Premier slams arrest threat
Five staffers for Mr Minns and Police Minister Yasmin Catley risked the possibility that a warrant would be issued for their arrest after they failed to attend the third hearing of the inquiry last Friday into the relationship between the caravan plot in Sydney's northwest and the passing of strict anti-hate laws.
Independent MLC and inquiry chairman Rod Roberts confirmed the staffers had since agreed to attend a special hearing of the committee on Friday during an interview with 2GB's Ben Fordham on Wednesday morning.
'As a result of the (Legislative Council) president Ben Franklin seeking legal advice from Bret Walker, one of the eminent silks in relation to constitutional law, he has ruled that the Legislative Council is in their rights … to seek arrest warrants for these people that didn't comply with the summonses,' he said.
'But, the government has capitulated now overnight (and) waved the white flag and we're going to make arrangements for a committee hearing on Friday for these five to attend.'
Mr Roberts said he had received an 'undertaking' from the five staffers that they would attend the inquiry 'at this stage'.
He described it is a 'very big backdown' from Mr Minns and that it was 'unprecedented that a Premier would take it to that level'.
'I don't know where he got his advice from – his legal advice – but, it's been reaffirmed by the leading constitutional lawyer in Australia that we are within our rights,' Mr Roberts said.
Asked about the reversal, Mr Minns said he was 'disappointed about the circumstances' that led to his staff being summoned.
'Don't take my word for it. Listen to the chair of the committee who said the reason they're being called in is because I won't appear before the committee.
'So, in a punitive way, pulling in staffers to this upper house inquiry.
'I think that the very troubling information that staff would be arrested and held potentially overnight via police custody is a massive overreach.'
Mr Minns said staff would 'make up their own minds' about whether to attend, and he was offering them support as their employer.
He went on to slam the committee as 'unleashing extraordinary powers of police or the courts' on what was 'close to a kangaroo court'.
'That's a breach or a step that no one has taken in the parliament's history, and there's very good reason for that,' he said.
'Does anyone truly believe that the members of that committee, given everything that they've said prior to the committee's opening hearing, are going to be soberly assessing the information before them and making a non-political decision?
'I think they've already shown inherent bias in their approach to all of these inquiries, and they don't follow due process.
'So, I think it's a dangerous precedent for the state, but at the end of the day, we are where we are.'
Mr Minns went on to accuse the committee of pushing the 'common understanding' that all anti-Semitic incidents in Sydney were related to the Dural caravan plot.
Appearing later on 2GB, Opposition Leader Mark Speakman said he was 'glad' about the reversal.
'It shouldn't have come to this,' he said.
'There shouldn't have been the threat of warrants and arrests, but this is a premier and a government (that) think they're above the law.
'Just imagine if witnesses subpoenaed to court gave the bird sign to the court.'
After receiving a letter on Friday afternoon regarding the staffers, Mr Franklin instructed the clerk to seek legal advice.
'This morning, I have met with Mr Brent Walker SC who has given me the benefit of his verbal advice on the matter,' he said on Tuesday.
'On the receipt of his advice in written form, I intend to table it in the House given the significance of this issue.
'In the meantime, I am considering his advice and its implications, as I tend to make a statement to the House later this week on my intended action.'
The inquiry was established to determine who not what and when about the explosives-laden caravan, which police later claimed was not a terrorism plot and instead part of a criminal conspiracy.
It has so far heard evidence from leading figures in NSW Police as well as government staff.
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