Police investigation declared after Chris Minns urged to scrap protest laws following police scuffle that allegedly injured former Greens candidate
After an independent review, a critical incident has been declared around the police scuffle that left a former Greens candidate injured, and her vision at risk.
A “critical incident investigation” has been declared into the injuries of a former Greens candidate who was allegedly hurt in a scuffle with police at a protest.
Hannah Thomas was pictured with a swollen right eye and streaks of blood down her face after a protest outside SEC Plating in Belmore in Sydney’s southwest on Friday.
The company was picketed over reports it provided jet components used by the Israeli Defence Force, according to a NSW Greens statement.
Ms Thomas, who was charged by police over the incident, has claimed she may have suffered permanent vision damage following the protest.
Medical information from Ms Thomas — which police said they had sought multiple times — was provided by Ms Thomas’ solicitor late on Monday afternoon.
The NSW Police Medical Officer independently reviewed the medical records and determined “the level of the injury sustained by Ms Thomas warranted a critical incident declaration”, a statement from NSW Police said.
An investigation team from Campbelltown City Police Area Command will now investigate the circumstances surrounding the incident.
The investigation will then be reviewed by the Professional Standards Command.
Greens MP Sue Higginson welcomed the declaration, but said it was the “minimum requirement” when police actions cause injury.
“This cannot just be left as police investigating police,” she said.
“We have maintained from the outset the Law Enforcement Conduct Commission must have full oversight of the investigation and they should be tasked with looking at what happened in the context of the Minns Labor Governments intolerance to protest in NSW and how that has likely emboldened police.
“It concerns me deeply that the police in announcing the critical incident have referred to the protest at Belmore as “unauthorised”.
“This is another falsehood that is created by the current regime of intolerance by Premier Chris Minns and the Police. It’s important to remember people do not need authorisation to hold a protest. To do so would mean we really do live in a police state.”
Police allege the incident that left Ms Thomas injured followed two “move on” directions to a group of about 60 protesters.
NSW police further allege Ms Thomas was arrested after allegedly failing to comply with the direction and resisting arrest.
Earlier NSW Premier Chris Minns had been urged to scrap the state’s controversial anti-protest laws.
NSW Greens MP Sue Higginson appealed to Mr Minns to turf the new laws and have charges against Ms Thomas dropped, arguing there was evidence police “acted beyond the scope of their lawful powers”.
New laws introduced in February gave police fresh powers to prevent protesters from harassing, intimidating or threatening people accessing or leaving — or attempting to access or leave — places of worship.
This also extends to people intentionally blocking, impeding, or hindering people accessing or leaving places of worship, with a maximum penalty of two years imprisonment.
The laws were brought in less than a month after news of an explosives-laden caravan being found in Dural broke, which later proved to be a fake terrorism plot rather than an anti-Semitic attack.
Ms Thomas has claimed her injuries were a result of the “draconian anti-protest laws”, which are currently subject to a constitutional challenge in the NSW Supreme Court launched on behalf of the Palestine Action Group (PAG).
However, NSW Police southwest metropolitan region commander Assistant Commissioner Brett McFadden on Monday told 2GB the anti-protest legislation wasn’t applicable to this situation, maintaining it was an unauthorised protest.
In her letter, Ms Higginson cited alleged contradictory police statements, photographic and video evidence, witness accounts, and NSW protest law.
“What occurred in Belmore was not policing — it was punishment,” Ms Higginson wrote in her letter.
“A member of our community was brutally assaulted by uniformed officers while engaging in peaceful political expression,” she alleged.
“This has happened in a state where you and your government have continuously expressed intolerance for protest and embodied police to suppress protest through arbitrary, dangerous laws and sweeping police powers.”
Ms Higginson earlier appealed to the Premier to intervene and have all charges against Ms Thomas, and others arrested on the day, dropped, and for police to declare it a critical incident.
However Mr McFadden told 2GB at the time he couldn’t identify any misconduct, that he backed the actions of police, and he was comfortable in not declaring a critical incident based on information provided to him.
Ms Higginson also pushed for a clear public directive to be issued to NSW Police to state protest is lawful and must be protected.
Ms Higginson then turned her attention to the state government, urging Mr Minns “acknowledge your government’s role in emboldening excessive and violent policing” via the expansion of protest laws.
Further, she called for the new anti-protest laws to be repealed.
“The trust between the community and the police has already been deeply damaged,” Ms Higginson wrote.
“Every day that passes without independent accountability and recognition of the harm that your Government’s actions have caused will further fracture the legitimacy of your leadership.”
Mr Minns told a press conference he wasn’t prepared to “condemn” the actions of police given Ms Thomas didn’t provide a statement to police, making it difficult to determine what had happened.
Critical incidents are also typically declared based on health information, which is hard when that is not provided, he said.
The Law Enforcement Conduct Commission (LECC) could step in at any time, Mr Minns said while also rejecting suggestions his own actions had emboldened police over the years.
Speaking of Friday’s protest, he said everyone had a right to protest, but not to go after specific businesses.
He wished Ms Thomas well in her recovery.
“I don’t want this to be lost in, I guess, the politics of the general caravan inquiry and changes to the law,” Mr Minns said.
“I genuinely hope that she’s back on her feet as soon as possible, and she has a full recovery.”
Police issued Ms Thomas with a future court attendance notice on Sunday and charged her with hinder/resist police and refuse/fail to comply with direction to disperse.
She will appear in Bankstown Local Court on August 12.
Four others were also handed down various charges.
Mr McFadden said Ms Thomas was “currently in a satisfactory condition”, and that he was advised her medical records relating to the incident would be made available to police.
Speaking at a press conference on Monday afternoon, he said police were still in the process of getting the information following talks with her solicitor, with the medical records set to assist him in understanding whether it was a critical incident or not.
“Quite clearly I am open to consideration of the nature of the injuries, I take the assessment and evaluation of any incident relating to a potential critical incident seriously, and it’s something that the public should have confidence that we do take seriously,” Mr McFadden told reporters on Monday.
He said it was “most unusual” for it to take this long to gain an understanding of injuries, but that he respected Ms Thomas’ choice not to provide information to police when approached directly on Sunday.
“That’s her decision, that’s respected, but equally I can’t make the decisions that I need to make without the full weight of information,” he said.
Mr McFadden added the charges laid over the protest were not related to any of the new legislation brought forth by the Minns government.