Black Lives Matter protest charges laid during Covid restrictions dropped

Black Lives Matter protesters have spoken publicly after police dropped the charges against them for organising a rally in defiance of Victoria’s Covid rules.

Crystal McKinnon and Meriki Onus addressed the media after their charges of breaching the chief health officer directions were withdrawn by police.

Organisers of the Black Lives Matter protest in Melbourne’s CBD during the pandemic have had their charges sensationally scrapped by police.

Crystal McKinnon and Meriki Onus fronted the Melbourne Magistrates’ Court on Tuesday where they learnt that their charges of breaching the chief health officer directions would be dropped, and that Victoria Police would be footing the bill for their legal costs.

The anti-racism rally organised by the duo drew thousands to the city centre in June 2020, despite pleas from the chief health officer and Premier Daniel Andrews for it to be cancelled.

The women had called for their charges to be withdrawn in November last year, after Victoria Police Chief Commissioner Shane Patton failed in his bid to amend the wording of the charges.

Prosecutor Matthew Fisher, appearing for the Chief Commissioner, on Tuesday told the court the force was withdrawing the charges as a result of the failed application.

“The matter has been carefully considered by the prosecution and, as a result of that ruling of the court, the prosecution seeks to withdraw the charges,” Mr Fisher said.

A large crowd at the Black Lives Matter protest in Melbourne in 2020. Picture: Alex Coppel

Magistrate Andrew McKenna formally struck out the charges and ordered Victoria Police to pay the “reasonable legal costs” of the women, which are understood to run into the tens of thousands of dollars.

In a statement, Victoria Police – who incorrectly told the women in July last year that they were dropping the charges against them – said it was now withdrawing the charges because there was “no reasonable prospect of conviction given how they were framed”.

“An error was … identified in how the charges were described,” she said.

“An application was made to the court to amend the charge as has been granted in other matters.

“The court on this occasion (had) not granted the application to amend the charge.”

According to court documents, Ms McKinnon and Ms Onus were each fined $1652 after they were charged with failing to comply with a direction that they “must not arrange to meet with more than 19 other persons (that they reside with) at an open public place” unless by exception from the chief health officer.

Although Mr McKenna in November said a “Martian” may as well have written the bracketed words, he rejected the Chief Commissioner’s application to amend the wording, as the application was made outside the 12-month limitation period.

Organisers Crystal McKinnon and Meriki Onus at Parliament House, Melbourne. Picture: Jason Edwards

Speaking on the steps of Melbourne Magistrates’ Court on Tuesday, Ms Onus – wearing a shirt emblazoned with the words “destroy white supremacy” – said it has been a “long and difficult three years”.

Ms McKinnon added: “To our family, friends and community and all those … who helped in the organising of the Black Lives Matter rally … and all those who attended the rally, we thank you.”

The rally was held after the death of George Floyd in the United States at the hands of police.

The case comes as thousands of Victorians still face paying similar fines for contravening pandemic orders.

Pressure has been mounting on the Victorian government to cancel up to 40,843 fines which were issued for Covid-related breaches as of November 2021, after NSW axed 33,000 penalties.

A spokesman from Liberty Victoria, an organisation defending civil and human rights, said the case gave cause for a complete review of fines or charges issued for an alleged breach of pandemic orders, and could “restore public confidence” in those cases.

“If there was some form of review, if the public does have doubts, it would resolve those sorts of questions,” he said.

“It’s something Victoria Police could, for example, look into if there is a broader concern in the community.”

He urged other people to “not feel afraid” to seek legal advice if they feel they have been unfairly fined or charged.

Zoe Buhler, 30, outside Ballarat Magistrates’ Court in August 2022.

Charges against a Ballarat mum accused of breaching pandemic orders were also withdrawn by police in August last year.

Zoe Buhler was charged with incitement and accused of using social media to organise a protest during a lockdown between August 31 and September 2, 2020.

Ms Buhler, whose arrest went viral after she was handcuffed pregnant and in her pyjamas, said at the time that it was “ridiculous” that her case was dragged out for so long.