Pro-Palestine Story Bridge protest sensationally quashed by Queensland magistrate
The leader of a Pro-Palestine protest group fighting to shut down the Story Bridge on Sunday has vowed to do “everything in my power” despite the demonstration being banned.
Queensland’s top magistrate has sensationally quashed an application for thousands of pro-Palestine activists to protest at the Story Bridge on Sunday – but a protest will still go ahead despite the court’s decision.
An estimated 7000 people – and up to 10,000 – had expressed interest in joining the proposed march across the bridge from Kangaroo Point on Sunday afternoon.
Chief Magistrate Janelle Brassington ruled on Thursday afternoon that the planned protest should not be allowed to continue, after the Queensland Police Service highlighted safety concerns with the proposal.
“The primary issue here is the safety of persons,” she said.
Ms Brassington acknowledged that it was the “very nature of the entitlement to peaceful protest that significant disruption will be caused to others”.
She accepted that the proposed protest was related to a serious cause, and that Justice for Palestine were a responsible group with experience holding organised rallies.
Outside court, protest organiser Rouba Rayan said Justice for Palestine was “regrettably disappointed” in Ms Brassington’s decision.
Fellow protest organiser Remah Naji said the group would consider attempting to appeal the outcome.
“With due respect to the Chief Magistrate, we disagree with that decision,” she said.
“ … We still stand by our expertise to be able to plan protests safely and in an environment that is inclusive for everyone.”
Ms Naji said the plan was still to meet at Raymond Park on Sunday at 1pm – but the group would consider their options as to how to proceed from there.
“Peaceful assembly is not unlawful,” she said.
“The ones who are breaking the law are Israeli occupation forces who are committing genocide in broad daylight with no accountability.”
Ms Naji ruled out the possibility of proceeding with the alternate route posed by police – the Victoria Bridge.
“We’ve done that in the past and as I’ve said previously, the severity of the situation demands visibility,” she said.
When asked if she would be prepared to be arrested over the protest if it went ahead, Ms Naji responded: “I’m prepared to do everything in my power to pressure my government to act in accordance with international law”.
Ms Naji said Justice for Palestine would make a public decision in the coming days on how they intended to proceed.
Brisbane Region Acting Assistant Commissioner Rhys Wildman has warned protesters who plan to go ahead will face the “prospect of enforcement action.”
“That puts the protesters in a position where, if they commence a protest march, it is not authorised from a policing perspective, that also means that we have to consider our tactical and operational response to preventing that march from progressing,” he said.
“We have a long history of working with protest organisations to achieve safety outcomes.
“However, on this occasion, we have to make it quite clear that anyone participating in a protest which is not authorised, a protest march not authorised faces the prospect of enforcement action being taken against them, whether that’s on the day or post event.”
Brisbane Lord Mayor Adrian Schrinner backed the court’s decision and urged protesters to obey the ruling and take the alternative route.
“This protest would not only disrupt thousands of Brisbane residents, it could further fan the flames of hatred and anti-semitism,” he said.
“Peaceful protest is an important democratic right but Brisbane is an inclusive, welcoming city and we must continue to stand up against people who are determined to divide our community.
“The Story Bridge footpaths are also an active construction site and bringing large crowds into that space could create serious safety issues.”
Commissioner Wildman said Queensland police are ready to respond in the event a protest is set to go ahead.
He said Queensland Police Service fully supports protest action “provided they are lawful peaceful and are centred around safety.”
Ms Brassington said the protest organisers had submitted that they had “meticulously” planned for medics and 50 marshalls to help mitigate any risks arising throughout the march.
However, she said the organisers’ view that the protest could be carried out safely was in conflict with the view of police, who had expertise in planning such large-scale rallies.
Ms Brassington acknowledged the police’s submissions that there was no appropriate way to mitigate the risk of protesters jumping the Story Bridge railing onto the “unsafe” pedestrian pathways.
Ms Brassington noted the organisers’ had rejected the police’s proposal for alternate safer routes on the basis that they didn’t have the same “gravity” as the “iconic” Story Bridge.
Despite the protesters’ submissions that the police would have to be prepared for the protest regardless of the court’s decision, Ms Brassington said her understanding was that the police would do everything they could – not that they were in a position to confidently mitigate any risks to public safety.
Ms Brassington said she “simply cannot reach the same conclusion with respect to the risk to public safety” as the New South Wales Supreme Court had reached, noting the particular vulnerabilities of the Story Bridge.
“The evidence has persuaded me to high satisfaction that there is a significant risk to public safety,” she said.
She acknowledged the disappointment of the protest group, but concluded she must refuse the application to protest.
Police had expressed safety concerns about any protests planned for the Story Bridge, while a council traffic expert submitted in a report to the Police Commissioner that any “vehicle permitted on the Story Bridge could be used as a weapon to drive into the crowd”.
Acting Assistant Commissioner Wildman told the court the QPS had “no objection” to the protest group itself, but that the QPS would be hard-pressed for sufficient resources to manage the proposed route.
The protest – expected to include approximately 7000 people and up to 10,000 – is proposed to start at Raymond Park at Kangaroo Point and finish at Centenary Park in Fortitude Valley.
“7000 we believe will not fit (in the parks) … let alone 10,000 people,” Acting Assistant Commissioner Wildman said.
“This is a community safety issue.”
Barrister Angus Scott KC said the group’s plan was to stagger protesters’ arrival times to avoid pedestrian and vehicle crossover.
However, Acting Assistant Commissioner Wildman warned him the organisers would have “no control” over the unpredictable actions of the protesters.
“We’re dealing with the public, which you have no control over,” he said.
“You don’t know who’s attending”.
Police had been given notice of the pro-Palestine protest two weeks ago, on August 7.
The court heard a similar protest across the Sydney Harbour Bridge earlier this month had been proposed to involve a crowd of 10,000 – but marshalls became “overwhelmed” and had to turn the protest around after an estimated 90,000 people attended.
Acting Assistant Commissioner Wildman said if a similar situation unfolded in Brisbane, it would be “extremely challenging” for police resources.
Chief Magistrate Janelle Brassington noted there were unique risks posed by the Story Bridge proposal, however – including the unsafe pedestrian footpaths.
She said she accepted, due to the importance of public protests, that the court would not refuse to authorise the protest “just for mere inconvenience”.
“But balanced against that you have the evidence of those who are experts in public risk,” Ms Brassington said.
“Those who are tasked with the protection of public safety have proffered what appears to be a perfectly reasonable other alternative route with none of the issues as to public safety – or very reduced issues.”
“But that’s not being accepted because it’s chosen to take the higher risk.”
Mr Scott emphasised that Justice for Palestine was a “credible organisation that has measures in place to deal with the issues that have been raised”.
Asked earlier this week if demonstrators would continue to march illegally across the Story Bridge even if they lost in court, Justice for Palestine Organiser Remah Naji said: “It is on the table”.
