By Michael McGowan, Amber Schultz, Kayla Olaya and Josefine Ganko
A former Greens candidate has posted a video from her hospital bed where she says she may lose vision in her right eye following her arrest at a protest in western Sydney, blaming “draconian protest laws” for her injury.
Hannah Thomas, who stood for the Greens against Prime Minister Anthony Albanese in the seat of Grayndler at last month’s election, was arrested and charged with four others after protesting outside a business in Sydney’s south-west on Friday.
NSW Police are now facing questions over whether they used new powers aimed at stopping protests at places of worship to justify breaking up the pro-Palestine demonstration.
Thomas was left with a serious eye injury that required surgery.
“I’m five foot one. I weigh about 45 kilos. I was engaged in peaceful protest, and my interactions with NSW Police have left me potentially without vision in my right eye, permanently,” Thomas said on her Instagram on Sunday night.
“I look like this now because of Chris Minns and Yasmin Catley and their draconian anti-protest laws and their attempts to demonise protesters, especially protesters for Palestine. They’ve emboldened the police to crack down with extreme violence and brutality, and they were warned that those laws would lead to this outcome.”
The group was protesting outside SEC Plating, which they say supplies plating services for F-35 jets used by the Israeli Defence Forces (IDF).
The company is opposite the Teebah Islamic Association Mosque on Lakemba Street in Belmore.
Thomas, 35, was charged with hinder or resist police officer in the execution of duty, and refuse/fail to comply with direction to disperse. She will appear at Bankstown Local Court on August 12.
The four other protesters, a woman and three men, are also facing various charges.
On Sunday, NSW Police Assistant Commissioner Brett McFadden decided against declaring a critical incident, which is defined as one involving a member of the police force that results in the death of, or serious injury to, a person and would require them to investigate.
Speaking to 2GB’s Ben Fordham on Monday morning, McFadden said he had reviewed the body-worn camera, which informed his decision.
“Our police are asked to do difficult things every single day of the week, and in the information available to me, there’s no misconduct identified, and I back the actions of my police,” he said.
McFadden said Thomas had denied requests to be interviewed by police and for access to medical information.
“There’s been no contact and no information about the nature of injury she’s actually sustained,” McFadden said, adding that while that is Thomas’ right, he could only make the critical incident decision based on the information available to him.
Greens MP Sue Higginson has called for a critical incident investigation into the arrest.Credit: Janie Barrett
A police fact sheet for one of the other protesters seen by the Herald cites a “place of worship” in a document describing the arrest.
In NSW, police are not allowed to issue move-on directions for genuine protests unless they decide it presents a “serious risk” to a person’s safety, is obstructing traffic or, after the changes introduced by the Minns government this year, is taking place near a place of worship.
The document states police attended the protest on Friday morning after receiving “intelligence” via Instagram that a group called Weapons Out of The West would hold an “unauthorised” protest at the Belmore business.
At 5.50am, a person was seen walking past the business and “communicating via a group chat”.
After confirming they were attending a demonstration, police said the person was issued a move-on direction on the basis the “unauthorised” demonstration would “cause fear and alarm”. The group, the fact sheet said, had “a history of violent disruptions outside of the SEC Plating business”.
They were initially arrested, but then released after indicating they would comply with the direction.
However, the police fact sheet then says the person “walked across the road to the opposite side of SEC Plating which is a place of worship”. At that point, officers approached the protester and again “informed her to comply with the move on direction”.
“Due to the accused being given repeated warnings and opportunities to comply with the direction, she was cautioned and placed under arrest for failing to comply with a move on direction,” it stated.
The reference to a place of worship has sparked serious concern among civil liberty groups and legal experts, who have repeatedly warned the laws are overly broad.
In February, Premier Chris Minns pushed through new laws banning protests near places of worship following the so-called Dural caravan incident. The laws faced pushback from members of the Labor caucus at the time, MPs arguing the wording of the bill would allow police to break up protests even if a demonstration was unrelated to the religious institution.
The caravan, along with a spate of other antisemitic attacks, was revealed to be a “con job” carried out by organised crime figures rather than racially motivated hate crimes or terror plots.
Premier Chris Minns said he was “obviously concerned” about Thomas’ injuries.Credit: Edwina Pickles
NSW Police deny the anti-protest laws were used in the arrest and said the protesters were given a move-on order for allegedly blocking pedestrian access to the business, which had been the target of protests previously.
McFadden told 2GB that police used powers under section 197 of the Law Enforcement (Powers and Responsibilities) Act.
“The new laws that have been mentioned during the media over the weekend were not utilised on this occasion,” he said.
Greens MP Sue Higginson, who has written to Police Minister Yasmin Catley demanding Thomas’ injury as a critical incident investigation, said she was “shocked but unsurprised”.
“It’s written there in black and white. A direct reference to the anti-protest laws rushed through the NSW Parliament under the sordid non-disclosure of the truth around the Dural caravan incident,” she said.
“I along with others in parliament warned the premier and his government that we would see this level of impunity and now here it is.”
Last week the NSW Supreme Court heard a challenge against the laws mounted by the head of the Palestine Action Group, Josh Lees. Lawyers for Lees have argued the laws are unconstitutional.
Speaking at an event in Sydney on Sunday, Premier Chris Minns said it was too early to comment on whether the arrest was an appropriate use of his government’s anti-protesting laws.
“I’d wait for that information to come in,” he said, adding police were investigating the extent of Thomas’ injuries.
“I’m obviously concerned about her injuries [and] anyone who is in those circumstances I’d wish a speedy recovery.”
The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights. Sign up here.