Jonathan Sri defeats Brisbane City Council court challenge to protest
Controversial Greens councillor Jonathan Sri has defeated a court challenge by Brisbane City Council, meaning more inconvenience for commuters this week.
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GREENS councillor Jonathan Sri has won a last-minute court battle against Brisbane City Council after it tried to stop him holding a protest in Brisbane’s CBD tomorrow.
The protest march, from the corner of Edward and Queen streets to Parliament House, was organised in response to the State Government’s proposed new laws threatening jail time for protesters found using “dangerous devices”.
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Brisbane City Council had urged Brisbane Magistrates Court to refuse the assembly, which is scheduled to begin at 8am, saying it would cause excessive traffic interference.
Council lawyer Kevin Cartledge told the court it was estimated the protest would delay traffic for several hours.
“It is estimated it could be as late as 10.30am before the road network recovers and the delays cease,” he said.
“In this case it’s the serious public disorder that would be caused.”
Mr Cartledge tendered an affidavit from Brisbane City Council CEO Colin Jensen detailing his objections to the protest march.
“I have formed the opinion the proposed assembly would significantly impact the transport network, road users and business within the surrounding area,” Mr Jensen’s affidavit said.
“I consider the interference caused would be excessive.”
Mr Jensen said the protest would impact the public’s freedom of movement and the safety of pedestrians.
“Your honour refusing this doesn’t actually refuse the assembly, it merely refuses the authorisation of the assembly which means there is no legal protection of (the protesters),” Mr Cartledge argued.
“Council does not oppose the holding of this or any other assembly...it’s a right, it’s a common law right and it is enshrined in the act.
“(The council doesn’t) oppose on the basis of any political issues or trying to stamp out the right to a freedom of speech, it is entirely based on the impact the assembly will have on the public.”
Mr Cartledge said about 100 bus services would be “seriously affected” if the protest was allowed to go ahead and it could take up to three hours before public bus services were “back to normal”.
Councillor Sri argued the objection was “politically motivated”, that the council was overstating the impacts to traffic and that disruption to the road network “should not be sufficient justification to suppress a peaceful protest”.
He said Lord Mayor Adrian Schrinner had “gone to great lengths to ensure this hearing is well publicised” and that he viewed it as politically beneficial to have a Greens “enemy”.
“The decision to bring this (court action) does not occur in a politically neutral vacuum,” Mr Sri said.
Chief Magistrate Terry Gardiner refused the council’s application, and the protest is expected to continue as scheduled from 8am tomorrow.
Participants will gather at the corner of Edward and Queen streets before moving along Charlotte and George streets to Parliament House.
Cr Schrinner issued a statement after the court’s decision saying he believed the protests being led by “extremist greens” were a misuse of the State Government’s Peaceful Assembly Act.
“I will once again write to Premier Palaszczuk and call for her to review her Government’s laws to ensure protests do not occur in peak hour and cause widespread traffic chaos and unnecessary impacts to residents, businesses and emergency services,” the Lord Mayor said.
“People have the right to protest, but not at the expense of the travelling public.
“I will continue to stand up for the rights of Brisbane residents and advocate for people being able to go about their daily lives without being disrupted by the extreme tactics of green protestors.”
Cr Sri lodged the notice of intent to hold a public assembly on Tuesday last week in response to the State Government’s proposed new laws, which they described as a crackdown on “extremist” behaviour.
“It’s essentially a protest about the right to protest,” Mr Sri told the court.
“Both major parties are seeking to water down the right to peaceful protest.”
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