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A NSW law letting the government force testimony, even with arrest, is being challenged over concerns it undermines judicial independence.
A 120-year-old New South Wales law enabling the government to compel testimony before parliamentary committees, including via arrest warrants, is under legal challenge in the NSW Court of Appeal.
The case involves James Cullen, chief of staff to Premier Chris Minns, who was subpoenaed about leaked minutes from a committee meeting on the Rosehill Racecourse sale and refused to appear, prompting an arrest warrant that was stayed.
Cullen’s lawyers argue the law undermines judicial independence by requiring judges to rubber-stamp warrants based solely on executive certificates without review, effectively making them tools of political power.
The government and its barrister defend the law as essential for democratic accountability, asserting that courts cannot review parliamentary proceedings.
NSW Attorney-General Michael Daley supports the challenge, citing the law’s lack of meaningful judicial oversight.
The hearing continues, with the outcome potentially affecting the balance between executive power and judicial independence in NSW.
Una ley de Nueva Gales del Sur que permite al gobierno forzar el testimonio, incluso con la detención, está siendo desafiada por preocupaciones de que socava la independencia judicial.