NSW Supreme Court bans ‘memorial’ rally marking 10 years since Cronulla riots

POLICE have succeeded in getting a rally organised by a far-right party to mark the Cronulla riots banned. But there are fears many will still turn up.

11/12/2005 NA:

THE leader of a far-right group organising a “memorial” rally to commemorate a decade since the infamous Cronulla riots has told news.com.au the event will go ahead despite being banned by the NSW Supreme Court.

The NSW Police Commissioner had launched an 11th-hour bid aimed at blocking the rally from going ahead tomorrow. Today, 10 years to the day since violent clashes spilt out across Sydney’s southern beaches, Justice Christine Adamson agreed to prohibit the planned event.

The rally had been organised by Nicholas Folkes, chairman of the Party for Freedom who has said that the events in Cronulla marked a moment “when Aussies stood their ground against years of oppression and intimidation committed by southwest Sydney gangs”.

Mr Folkes’ lawyer told an interlocutory hearing in the Federal Court on Friday morning that the effect of Justice Adamson’s ruling was that Mr Folkes could be arrested if he showed up at Don Lucas Reserve in Cronulla on Saturday or tried to address any gathering.

Chairman of the Party for Freedom Nicholas Folkes arriving at the Supreme Court in Sydney last Friday. (AAP Image/Joel Carrett)

But he said large crowds were likely to descend on Cronulla despite the prohibition and that it was in the interests of public safety that Mr Folkes be allowed to attend.

“There’s likely to be a large gathering of people at Cronulla. All the intelligence suggests that will happen,” he said.

“They’ll be looking to somebody — not only the police, but someone from the party — to lead them and to assist police.”

Asked by news.com.au if he believed protesters would defy the ban and head to Cronulla, Mr Folkes said “yes, people will still gather.”

MUPPETS

A rival rally, organised by anti-racism protesters, is set to occur at the same time with a Facebook page for the event saying “these Muppets ... cannot hold protests celebrating the Cronulla riots unopposed”.

While tensions had been brewing for some time in 2005, the fuse for the riot was a fracas on a Cronulla beach in early December that resulted in a group of surf lifesavers being assaulted.

A week later, events got out of control when thousands protested on the beach and people suspected to be of Middle Eastern appearance were set upon. It led to revenge attacks with a convoy of cars from Punchbowl, in south west Sydney, travelling to Cronulla that night.

By the end of the skirmishes, police would lay 285 charges against 104 people and 26 people on both sides of the riots would be injured while images of Australians fighting on sun-kissed beaches were beamed across the world.

Ian Temby QC, appearing for the NSW Police commissioner, told a court hearing on Thursday that the planned rally risked sparking fresh violence.

“We make clear that we are not basing our case on the views that are held by Mr Folkes and others, and we are not basing our case on the expression of those views,” he said.

“We are basing our case on the rally and its likely consequences.”

BUSINESS AS USUAL

Sutherland Shire Mayor Carmelo Pesce said the court ruling was a win for the people of Cronulla.

“The community has spoken and has taken on these people and the law was on our side,” he said.

He was confident police would deal with anybody who decides to ignore the court’s decision.

“Tomorrow is business as usual,” he said.

Speaking prior to Friday morning’s decision, Muslim community leader Jamal Rifi said “We need to always stand against the [protesters] so they don’t have a platform”.

“Their right is not absolute, we also have a right as a citizen of this country not to be insulted, not to be humiliated and not to be intimidated.”

One of the most iconic images from the Cronulla riots as an angry mob entered a train.

In blog posts, Mr Folkes has denounced the legal action as the result of an “immoral alliance” of his critics and said, “due process has been trashed and violated by elitist multiculturalisms eager to protect ethnic privilege and entitlement, and shut down any righteous opposition.”

In the run up to the court ruling he said the group was willing to compromise but not to the point the protest would be cancelled. “It’s going to go ahead, rain, hail or shine, prison or Supreme Court.”

NSW Police say they are well prepared for any contingency and a police operation will be put in place if the rally does go ahead. “Police will not tolerate unlawful behaviour or any action that risks the safety of others; anyone caught breaking the law will be swiftly arrested and charged,” a spokeswoman said in a statement to AAP.