Court puts ban on two-week Logan refugee protest
A magistrate has put a ban on a two-week long application for a protest outside Treasurer Jim Chalmers’ electorate office, stating it can only be for one day.
Police & Courts
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A magistrate has put a ban on a two-week long application for a protest outside Treasurer Jim Chalmers’ electorate office, stating it can only be for one day.
A 24/7 refugee vigil at a carpark outside Mr Chalmers’ office in Logan Central had been carried out for three weeks until the carpark owner decided to evict them last week, with a spokesman stating tenants and customers had complained despite having empathy for them.
Protesters moved on to a nearby footpath to continue voicing their demands for permanent residency.
But police did not issue a permission when Refugee Action Collective spokesman Mark Gillespie applied for an extended two-week protest.
Police previously gave out two notices of permission, each for a two-week period last month to an approximate 30 people assembly at the location until Monday.
Mr Gillespie told Beenleigh Magistrates Court on Wednesday the police’s case against the protest was the conspiracy to shut down the office.
“At no time we had the intention of preventing the public from going into the office or the staff from going into the office,” he said.
“We made that very clear in our notifications and in our actions that happened.”
Mr Gillespie said the door to the office should be open to the public.
“It wasn’t us who made the decision to prevent the public from going in,” he said.
“The staff have been working inside for four weeks.
“There’s been no arrests in all that time.”
Magistrate Cameron McKenzie said the assembly had been prohibited from continuing.
“It was contested on ground that the application was made over a number of days, whereas the (Peaceful Assembly) Act refers to day or time of a day,” he said.
“With regards to multi-day demonstrations or peaceful assemblies, applications must be made for each day.
“The Act is quite clear, and it’s not day or days, distinguishing it must be for each day.”
Mr McKenzie said that a person has the right to assemble peacefully with others in a public place.
“The exercise of the right to participate is subject only to such restrictions as necessary and reasonable in a democratic society in the interest of the public safety or public order or the protection of the rights and freedoms of other persons,” he said.
Mr Gillespie told The Courier-Mail that they will put in notifications to the police day by day.
“They got us on a technicality,” he said.
“Because we feel like people have a democratic right to protest, and we should remember that these people (are) on bridging visas, without work rights, without Medicare cards, in an insecure situation.
“What other right have they got other than to be able to come and exercise their democratic rights through a protest?”
But he predicted police might oppose his next application.
“I think they’ve become hostile to the protest,” he said.
“But we’ll see.”
Protester Sudhesh Somu said the decision was “quite dehumanising”.
“It is quite hurtful for my community to go through this process,” he said.
“I believe we should have the right to protest and go ahead, especially if it’s peacefully demonstrated.
“I think we should be allowed to do this peaceful demonstration and show the wider community the challenges that we are being faced with.”
A Queensland Police Service spokesman said it considered each public assembly notification on its merit and in accordance with the provisions of the Peaceful Assembly Act.
“Logan District police attempted to engage with the protest organiser several times in relation to suitable protest locations, however mediation was not successful,” he said.
“Under provisions of the Peaceful Assembly Act, police lodged documentation with Beenleigh Magistrates Court for a decision to be made with respect to the notice of intention to hold protest activity at the organiser’s chosen location.”
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