Five staffers from the offices of the New South Wales premier, Chris Minns, and the police minister, Yasmin Catley, have agreed to appear before a parliamentary inquiry into the Dural caravan “fake terrorism plot” after they were threatened with arrest for failing to attend last week.
A senior staff member for the premier confirmed on Wednesday that they had been told by the president of the NSW Legislative Council, Ben Franklin, that he was planning to seek arrest warrants.
Franklin had sought legal advice from Bret Walker SC about his powers to seek the warrants after the staffers defied summonses to appear at the upper house inquiry.
They have now “voluntarily” agreed to appear on Friday.
The inquiry – launched with the support of the Coalition, the Greens and crossbench MLCs – is examining the handling of information about the caravan plot amid concerns parliament may have been “misled” before controversial laws aimed at curbing antisemitism were rushed through parliament.
In January, after it was announced that the caravan had been found, 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.
The premier and the police minister refused to appear at the inquiry before the committee sought the appearance of their staffers. Ministers from the lower house cannot be required to appear before an inquiry of the upper house.
Last week the staffers claimed – in a letter to the inquiry chair, the independent MP Rod Roberts – that they had the “reasonable excuse or just cause” required by law to not appear.
The staff members argued they were “proxies” because Minns and Catley could not be compelled to appear as witnesses.
The Greens MP Sue Higginson, who is a member of the committee, confirmed on Wednesday that the staffers would appear to give evidence on Friday.
Higginson said the staffers’ earlier decision to ignore the summonses “put us all in a very difficult position”.
“We believe, as a committee … that these individuals hold information that could genuinely assist us in exercising our forensic capacity,” she told ABC radio.
“The lesson here is the parliamentary powers are strong powers. They’re important powers. No one is above the law and don’t challenge these powers.”
Higginson was asked on Wednesday if she thought the government had misled parliament before the hate speech and places of worship laws were passed.
“There was absolutely knowledge held by some and not presented to the parliament to assist us in understanding the full picture,” she said. “This is a democracy, and how we pass laws is a very important matter for everyone.”
Roberts told 2GB on Wednesday that allowing the staffers to give evidence was a “big backdown” by the government.
“This is unprecedented that a premier would take it to that level,” the committee chair said. “[But] the government has capitulated [and] waved the white flag.”
