BLM protest thrown out of court

The NSW Supreme Court has ruled in favour of police prohibiting Tuesday’s planned Black Lives Matter march

NSW Police has won its legal bid to stop a Black Lives Matter rally in Sydney going ahead next week, despite the judge acknowledging there was no evidence of COVID-19 transmission at a previous event.

The NSW Supreme Court on Sunday ruled the protest could not go ahead, dismissing the organisers’ argument it would be unlawful to stop the freedom of public expression.

Justice Mark Ierace conceded there was a risk momentum surrounding the issue could be lost if public demonstrations in Australia were banned.

“There is no evidence that the ‘Black Lives Matter’ protest that was held in Sydney Town Hall Square on the afternoon of Saturday 6 June 2020 led to any transmissions of the COVID-19 virus, in spite of there being at least 10,000 people in attendance,” he said in his judgement.

But Justice Ierace accepted that the risk of community transmission had increased from the past month from low to medium.

“That current assessment of the level of risk, in spite of relatively low numbers of community transmission, is consistent with New South Wales presently being on the knife-edge of a further escalation in community transmission of the virus.”

Justice Ierace also said he based his decision on the fact the march was scheduled to take place on a weekday in the Sydney CBD.

“It can be expected that large numbers of pedestrians not associated with the protest will move through the public assembly, making social distancing more difficult,” he said, adding members of the public will likely not be wearing masks.

Padraic Gibson, the organiser acting on behalf of the Dungay family, whose son David died in custody in 2015, are now preparing to lodge an appeal.

They have until 7pm on Sunday to file it in the NSW Court of Appeal.

However, both parties have agreed to an order that will prohibit any criminal charges being laid on protest organisers until an appeal judgment is made.

A flurry of Black Lives Matter protests have taken place across the world in recent months, after the death of George Floyd in Minneapolis at the hands of US police.

This is the fourth time NSW police have attempted to shut down large gatherings due to the threat of a mass coronavirus outbreak, which could spark a second wave and round restrictions across the state.

The decision by Justice Ierace came as the state confirmed 13 new cases of COVID-19 on Sunday.