Comment: NSW Police have questions to answer about the sad and sorry tale of Don Harwin, writes Sydney barrister Steve Boland
It began when Fuller joined Premier Berejiklian at a press conference on the morning of Thursday, April 9. The Commissioner declared he would seek an explanation from Harwin. “If it doesn’t stack up, I’ll give him a ticket happily,” Fuller said.
At this stage, there was no rational foundation to lay a charge, a fact ultimately supported by the DPP’s explanation.Chief Inspector Bell’s observations were communicated up the chain at 5.11pm. By 5.32pm, Assistant Commissioner Anthony Cooke summarised the position: Deputy Commissioner Loy would continue the investigation the following day, at which point legal advice would be sought, and the guest who had been staying at Harwin’s house could be spoken to.
This instruction came straight from the Commissioner’s office, and within two hours, according to Bell's police statement, Assistant Commissioner Cooke directed him to lay the charge.What could possibly have catalysed the state’s most senior police to jam through a charge against Harwin before receiving the legal advice that was to be procured the next day? Aside from the expressed reservations of a Chief Inspector, the COVID laws were new and police had little experience in enforcing them.
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