Sydney BLM protest: Organisers lose last minute court appeal
The organisers of a Black Lives Matter rally in Sydney have lost a last-minute appeal to allow the protest to go ahead on Tuesday afternoon, leaving any protesters at risk of arrest if they show up.
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The organisers of a Black Lives Matter rally in Sydney have lost a last-minute appeal to allow the protest to go ahead, leaving anyone who shows up at risk of being arrested.
It comes as Police Minister David Elliott warned anyone who attends the protest could be jailed for six months after officers won a dramatic battle in the Supreme Court to ban the rally scheduled for the CBD on Tuesday due to COVID dangers.
Lawyers for the organisers took their case to the Court of Appeal on Monday and argued the Supreme Court did not have the authority to hear an application to prohibit the protest, citing a radio interview NSW Police Commissioner Mick Fuller gave on 2GB where he said he wanted it shut down.
Barrister Dominic Toomey, SC, acting on behalf of rally leader Padraic Gibson, told the court police had failed to meet his client so he could push his case as they were required to do before deciding to take him to court.
“The commissioner had already determined to make the application (to the Supreme Court), that is on the basis of his public statements on 2GB,” Mr Toomey said.
“He had determined that the application would be made whatever representations might be made to him (by the protesters) because he stated unequivocally that he had instructed (a colleague) to make the application.”
But Court of Appeal judges Tom Bathurst, Andrew Bell and Robert Mcfarlan ruled against the rally organisers and dismissed the appeal.
Supreme Court judge Mark Ierace had also ruled in the police’s favour on Sunday, finding NSW Police Acting Assistant Commissioner Stacey Maloney, who is in charge of officers in the city, had acted independently when she decided to take Mr Gibson to court even though she was aware of Mr Fuller’s strong words on 2GB.
The court was told Mr Gibson met with officers at The Rocks police station after Mr Fuller’s interview and Assistant Commissioner Maloney later received briefing notes from the meeting before deciding to launch legal action to try and stop the rally.
“I had made up my own mind, the commissioner had his own view, but my name has to sign off … on the prohibition order for the court,” she previously told the court.
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“It could have been late morning (when I heard of Mr Fuller’s comments on 2GB) but, at the end of the day, I thought that was the commissioner’s personal view – it didn’t deter me (from acting).”
Mr Toomey argued Assistant Commissioner Maloney decided to take legal action only 17 minutes after receiving the information about the meeting with Mr Gibson, but lawyers for the police argued Justice Ierac was correct when he found she had acted independently.
NSW Premier Gladys Berejiklian had said it would be “highly irresponsible” for Tuesday’s protest to go ahead.
“Can I please extend a plea to all of you who are contemplating conducting what is now an illegal act, given the court has deemed as such, please refrain,” she said ahead of the appeal hearing.
“Conducting a protest at this time is highly irresponsible.
“We are at a critical junction, we’re still on high alert.
“We only have to tragically look at what’s happening in Victoria, to realise that could be us in a few weeks. If we let our guard down, that could be us,” she said.
