NSW Police court challenge to pro-Palestine Harbour Bridge march judgement delayed

A court challenge to plans for a pro-Palestine march across Sydney Harbour Bridge has been delayed with less than two days to go.

An explosive court challenge to plans for a pro-Palestine march across Sydney Harbour Bridge has been postponed, with less than two days before the rally is set to take place.

Justice Belinda Rigg said she would reserve her judgment until 10am on Saturday after hours of evidence.

Up to 50,000 people could attend the ‘March for Humanity’ across the bridge, the court heard, with police concerned about access issues on the major road and the potential for crowd crush.

Palestine Action Group organiser Joshua Lees took the stand on Friday afternoon, telling the court “we are not here to seek confrontation with police, far from it”.

“We want to work with them to make this a successful event,” he said.

While on the stand, Mr Lees was informed the pro-Israel Never Again group, which seeks to raise awareness for hostages in Gaza, had at 2pm applied for a Form 1 for a protest to assemble at Warringah Freeway entrance to Sydney Harbor tunnel at 2pm on Sunday, an hour after the pro-Palestine protest is slated to kick-off.

That protest has reportedly been cancelled.

Mr Lees said he was not aware of the event.

He told the court the protest came at a “crucial moment”, and that over almost two years of protest organisers had developed a cooperative relation with NSW Police.

He earlier said the group had offered to postpone the march until August 24 – an offer he said was still on the table.

Otherwise, Mr Lees said there were two further options: Either the court action was knocked back by the court and the march went ahead with the assistance of police or it went ahead regardless.

“What we don’t want to see but is a real, real possibility, which is that if we lose in the case here today,” he said.

Anti-War protesters gathered outside the Supreme Court in Sydney ahead of Friday’s hearing. Picture: NewsWire / Jeremy Piper

“If that is unauthorised, that opens up the ability for the police to use extra powers to make arrests against peaceful protesters … an outcome we absolutely do not want to see.”

In NSW, police can support a Form 1 application for a protest, which affords protesters protection from anti-assembly laws, or oppose it in court. The Form 1 is not necessary to hold a protest.

Kicking off shortly after 12.30pm, the matter was briefly adjourned to move to an arguably bigger courtroom, with dozens of supporters and politicians, including Greens MLC Sue Higginson in attendance.

Ultimately, sheriffs were forced to move out more than a dozen supporters as the second room quickly filled. The court was told about 80 supporters were in attendance.

Mr Lees’ laywer, Felicity Graham, is arguing that the Form 1 is “not about whether the protest is occurring or not”.

“Absent an agreement from the police to a date in the next few weeks, I have the firmest of instructions that Palestine Action Group are proceeding with this protest,” she said.

“This is going ahead. It cannot be stopped.”

Ms Graham said it was her client’s belief that “police have no choice”.

“Authorisation will make that belief a certainty or make the event safer,” she said.

NSW Police Commissioner, represented by Lachlan Gyles SC, are arguing the right to protest had to be balanced against risks to public safety.

“This is an unprecedented event in scale and nature and location,” Mr Gyles said.

“It’s been rushed on, Mr. Lee says, because of concerns, he says, about urgency in Gaza.”

Mr Gyles SC told Justice Belinda Rigg the order was “necessary for there to be a prohibition order to prohibit that assembly, otherwise police will not have the powers they would ordinarily have to move people on and the like”.

Organiser Joshua Lees told reporters the group had offered to postpone the march to August 24, but if the offer was not accepted the protest would take place regardless of Friday’s decision. Picture: NewsWire / Jeremy Piper

Acting Assistant Commissioner Adam Paul Johnson told the court if the protest was authorised by police, it would pose an unacceptable risk to the public.

Under cross examination, Mr Johnson was grilled over what powers police had whether an assembly was authorised or not, including to combat anti-social behaviour.

“What, in particular, is the behaviour that you see police need their full suite of powers to be able to address if the protest is authorised?” lawyers for Mr Lees asked.

“I’m concerned about public safety,” Mr Johnson said.

“What does that mean?”

Mr Johnson went on: “... the protesters’ safety as well, in relation to the proposed form 1 for Sunday.”

His response was met with laughs from Mr Lees’ supporters in the courtroom.

Mr Johnson was grilled about what plans were in place given “a very large number of people are determined to gather and march even if they don’t have the protection of the immunity”.

“Lets say the support continues to build between now and 1pm on Sunday, and there are 50,000 people there in and around lang park. What will the police do in response?” Ms Graham asked.

Mr Johnson replied: “50,000 people and Lang Park, whether authorised or unauthorised, has significant public safety risk. Crowd crush. I’m specially concerned about that.”

Asked what the prohibition order would do to allay those concerns, Mr Johnson said: People are expected to obey the law. Not block traffic, not commit offences and so on.”

“But, the prohibition order will not stop people turning up?” Ms Graham asked.

Mr Johnson replied: “That’s a matter for people who will turn up.”

In terms of plans, Mr Johnson said “we need to plan on the issue as it presents itself”.

Police have argued Sunday’s planned protest poses an unacceptable risk to the public. Picture: NewsWire / Jeremy Piper

The event drew swift criticism from Labor Premier Chris Minns, who said Sydney might “descend into chaos” if it was allowed to go ahead.

On Thursday night, Labor’s Cameron Murphy, Sarah Kaine, Lynda Voltz, Anthony D’Adam and Stephen Lawrence threw their support behind the march.

They join 10 crossbenchers, including Sydney MP Alex Greenwich and Greens MLCs Abigail Boyd and Jenny Leong, in calling on the government to work with organisers.

In a statement, the MPs said they would “support and attend” Sunday’s March for Humanity and Palestine across the Harbour Bridge.

“We do so to signal in strong terms our disapproval of the ongoing starvation of Palestinian people and the destruction of Gaza and our commitment to the right to protest against it,” they said.

“We call upon the NSW government to work with the organisers to facilitate a safe and orderly event on Sunday or on some other agreed date.”

Mr Greenwich, as well as independent Jacqui Scruby and Greens MP Kobi Shetty, said they supported the event but would be unable to attend.

A separate pro-Palestine march is also set to take place on Melbourne’s King St Bridge on Sunday.

Police said they were aware protesters were planning to block the bridge and had repeatedly requested organisers change their plans.

Protests have been occurring throughout Australia on most Sundays since 2023. Picture: NewsWire / Damian Shaw

“Not only would this cause significant impacts to the broader community enjoying their weekend in the city, it will also impact emergency services and those working in the city who require access,” police said in a statement.

“While we always respect the right for people to protest peacefully, we are clear that this should be done without impacting the broader community.

“Victoria Police will have a visible presence on Sunday and will continue to attempt to engage with the group in the lead-up.

“We have a number of resources prepared to respond and our priority will be to keep the peace and ensure the safety of the community.”

Activists in Sydney filed a Form 1 with police last week but are facing legal action after officers revealed on Wednesday they would be opposing the march.

Organisers say the march would be “global news” and seeks to raise awareness to widespread starvation in Gaza amid continued attacks by Israel.

Mr Minns described the march as a “logistic and communications Everest”, and he said he would not allow it to go ahead.

On Friday morning, Mr Minns said the government had not “ever stopped negotiating with these with these organisers”.

“I recognise, and the government recognises, that there are thousands of people that want to be part of a protest. It’s not deniable,” he said.

“Many people have been struck by images that have come out of Gaza, particularly relating to the aid and humanitarian situation facing Palestinian children and the death of innocent Palestinians, and they want to be able to protest.”

Palestine Action Group organiser Joshua Lees is fighting to secure a Form 1 provision from NSW Police for the event. Picture: NewsWire / Jeremy Piper

Mr Minns said an alternative route would not be outside the city’s CBD.

“The last thing we want, and the last thing police want, is chaos in Sydney streets.

“We recognise people want to protest.

“We’re hopeful – depending on the outcome of the court case this afternoon – common sense can prevail, and people are given an opportunity to express their voice.”

Asked if he was worried images of protesters clashing with police would “go global”, Mr Minns said he was “hopeful that does not happen”.

He also said he would not criticise individual MPs’ protest activity, or make a blanket ruling on the use of the Harbour Bridge in protests.

Those sentiments were mirrored by Opposition Leader Mark Speakman, who on Thursday said “the protest should not occur on the bridge”.

“Once you open the gate … every person who wants to protest will say, ‘well, it was good enough for the Palestine protesters’.”

Opposition to the march has sparked backlash from within the Labor ranks, with MLC Stephen Lawrence airing his concerns in a late-night statement.

“I am concerned the Premier has, in effect, made a purported decision himself to try and prevent this protest,” Mr Lawrence said.

“This will taint proper consideration of the matter by police, and that violence may ensue as a consequence.”

A second Labor MP, Anthony D’Adam, also accused Mr Minns of being “more concerned about traffic flow than the plight of starving children in Gaza”.

The protest comes almost two years into Israel’s war on the Gaza Strip following Hamas’ October 7, 2023 attack.

NSW Premier Chris Minns is strongly opposed to the march. Picture: NewsWire / Nikki Short

Tens of thousands of civilians have been killed by Israeli forces since the start of the war, with many more now facing starvation.

This week, Canada joined France and the UK in indicating plans to recognise Palestinian statehood in retaliation to the aid crisis in Gaza.

Prime Minister Anthony Albanese has stepped up his criticism of Israel but has fallen short of recognising the state of Palestine.

Protesters have rallied across Australia’s major cities near weekly since Israel’s invasion of the Gaza Strip.

Acting Deputy Commissioner Peter McKenna on Tuesday said police would be lodging an application with the Supreme Court to deem the bridge protest unlawful.

Mr McKenna said the decision to oppose the protest was made independently of Mr Minns, citing risks that emergency services may be blocked.

Organisers have regularly cited recent closures of the bridge, including for the filming of a Ryan Gosling movie and for the 2023 World Pride march.

Sunday’s march has received the backing of more than 300 unions and civil society groups.

More than 50 of those signed a letter to Mr Minns on Thursday, urging him to “facilitate the exercise of the democratic right of protest”.

“Seeking to shut down this rally would be a serious departure from the NSW state and police’s responsibility to uphold the democratic right of protest,” the letter said.

“We urge your government to facilitate the exercise of democratic freedoms in collaboration with community groups and support the holding of this protest.”

Human Rights Watch, the Redfern Legal Centre, the NSW Nurses and Midwives Association, and Asylum Seeker Centre are among the groups to sign the letter.

Originally published as NSW Police court challenge to pro-Palestine Harbour Bridge march judgement delayed