Crystal McKinnon, Meriki Onus charged over Black Lives Matters rally

Prosecutors have revealed why Black Lives Matters leaders were incorrectly told charges against them for organising a rally during lockdown were dropped.

Prosecutors say there was no conspiracy to drop protest charges against Black Lives Matters leaders before backflipping on the decision due to a communications bungle.

Prosecutors say there was no conspiracy to drop protest charges against Black Lives Matters leaders before backflipping on the decision due to a communications bungle.

Earlier this year, Crystal McKinnon and Meriki Onus were told their charges for allegedly organising a Black Lives Matter rally in Melbourne’s CBD amid Covid restrictions would be withdrawn.

But prosecutors reneged on the assurance, claiming the police officer who made the decision was not authorised to do so.

Prosecutor Andrew Sim told Melbourne Magistrates’ Court that while it was “regrettable” the women had been misinformed, it was not a political decision.

“There’s no great conspiracy here about malfeasance,” he said on Wednesday.

“It was an error.”

Black Lives Matter protest organisers Crystal McKinnon and Meriki Onus. Picture: Jason Edwards

He also said the women had been notified of an intention to withdraw charges, but noted it was just an intention, and the prosecution had the final say on how matters proceeded.

Barrister Felicity Gerry QC, acting for the women, accused prosecutors of misleading the court and argued there was an “unequivocal intent” to withdraw.

She also contended there were exemptions for breaking Covid rules such as in emergencies or if individuals had a reasonable excuse.

But Mr Sim rejected the claim.

“An emergency is I’ve got a sick kid (and) the children’s hospital is outside the 5km radius and I need to take them there,” he said.

Ms Gerry applied for a subpoena of police documents that she claimed would prove her clients had suffered injustice and an abuse of process.

But the application – which was opposed by Chief Commissioner Shane Patton – was rejected by Magistrate Andrew McKenna who said it did not have a “legitimate objective”.

A BLM rally in Melbourne’s CBD that attracted around 10,000 protesters in June 2020.

Magistrate McKenna noted prosecution matters were often dealt with by various people who had differing views.

“The court is only concerned with what charge is before the court and whether it can proceed,” he said.

Ms McKinnon and Ms Onus did not attend Wednesday’s hearing as they were in mourning following the death of an Aboriginal man in Port Phillip Prison last week.

The women were charged for allegedly planning a BLM rally in Melbourne’s CBD that attracted around 10,000 protesters in June 2020.

The pair were accused of contravening the chief health officer’s directions which at the time banned public gatherings of more than 20 people.

The matter will return to court on October 5.