Opinion: The criminal prosecution of the NSW Minister for Arts Don Harwin has been a governance fiasco of epic proportions
This immediately raises questions about the 1331 other infringement notices issued by police since the pandemic began. If a notice issued against a sitting minister falls over at the first push how much rigour is behind the hundreds handed to ordinary citizens? And will those citizens have the resources and the wherewithal to expose themselves to the potential of six-months’ imprisonment by electing to take the matter to court, rather than just paying the $1000 fine.
On the Thursday before the Easter long weekend, Berejiklian conducted a press conference. As usual NSW Police Commissioner Mick Fuller stood dutifully in the background. Berejiklian stated that “technically” Harwin had not breached the law, but she acknowledged a “perception” issue. It seemed to matter little that the "technical" question of whether a person has breached a law is the only relevant legal question.
Given the amount of legal advice at the disposal of the Commissioner, this is a serious breakdown of proper process. If the decision to charge was a consequence of bad legal advice, the public has a right to know. If it was something more nefarious than that, the public should also be immediately informed. Either way, Fuller owes the public the explanation he originally promised but never fulfilled.
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