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Black Lives Matter protests: Sydney organisers appeal 'flawed' supreme court decision Black Lives Matter protests: Sydney organisers appeal 'flawed' supreme court decision
(32 minutes later)
NSW police minister David Elliott says officers are ‘prepared for anyone who just wants to flout the law’ At least 1,500 gather in Sydney as thousands rally in Melbourne, Adelaide and Brisbane
Organisers of Sydney’s Black Lives Matter protest have lodged a last-ditch appeal after the New South Wales supreme court ruled their Saturday demonstration would be unlawful under Covid-19 restrictions, as thousands of protesters gathered in King George Square in Brisbane and Victoria Square in Adelaide. Organisers of Sydney’s Black Lives Matter protest have lodged a last-ditch appeal after the New South Wales supreme court ruled their Saturday demonstration would be unlawful under Covid-19 restrictions, as thousands of protesters rallied in Brisbane, Adelaide and Melbourne to march against Indigenous deaths in custody and the killing of US man George Floyd.
Protesters had vowed to push ahead with the Sydney rally on Saturday, in defiance of the court ruling, but the Greens MP David Shoebridge confirmed only a few hours before the rally was due to be begin that organisers would file an urgent appeal.Protesters had vowed to push ahead with the Sydney rally on Saturday, in defiance of the court ruling, but the Greens MP David Shoebridge confirmed only a few hours before the rally was due to be begin that organisers would file an urgent appeal.
“The organisers have received strong advice from lawyers across the legal community that the decision has significant flaws that amount to jurisdictional error,” he said. “Taking the legal jargon away, the case will be that the judge got it wrong. That rally is in fact authorised and was agreed to by police.”“The organisers have received strong advice from lawyers across the legal community that the decision has significant flaws that amount to jurisdictional error,” he said. “Taking the legal jargon away, the case will be that the judge got it wrong. That rally is in fact authorised and was agreed to by police.”
It came as reports emerged from WA that a 40-year-old Aboriginal man had died after collapsing at the privately run Acacia prison. At Melbourne’s protest, there was a strong police presence with a police helicopter overhead and police lining parliament’s steps on foot and horseback.
A WA Department of Justice statement said the man was found on Friday but could not be revived. He was pronounced dead in hospital. Thousands of protesters held up banners with slogans such as “we all bleed the same colour”, “injustice anywhere is a threat to justice everywhere” and “tolerating racism is racism”. Protesters are all wearing face masks and organisers are offering hand sanitiser, after authorities urged people to avoid the mass gathering because of Covid-19 fears.
Police said the death did not appear to be suspicious, although they would investigate and an inquest and internal department review would be held. At Adelaide’s protests, many of those attending wore masks and made some efforts to socially distance, though large groups appeared to be in close contact. The rally and march through the city was watched by a large police presence after Commissioner Grant Stevens gave it his blessing on Friday.
The protesters are expected to show their support for the Black Lives Matter movement and highlight Indigenous deaths in custody across Australian capital cities and towns, where state authorities have responded with varying levels of opposition, citing the coronavirus pandemic.
At Adelaide’s protests, many of those attending wore masks and made some efforts to socially distance, though large groups appeared to be in close contact. The rally and march through the city was watched on by a large police presence after Commissioner Grant Stevens gave it his blessing on Friday.
The hardest line was taken in NSW, where the supreme court effectively banned a rally planned for outside Sydney Town Hall where it is estimated between 5,000 and 10,000 may gather. The late-night sitting on Friday came only after NSW police applied to the court for order to make the protest unlawful.The hardest line was taken in NSW, where the supreme court effectively banned a rally planned for outside Sydney Town Hall where it is estimated between 5,000 and 10,000 may gather. The late-night sitting on Friday came only after NSW police applied to the court for order to make the protest unlawful.
Elliott seized on the development on Saturday, arguing people must “acknowledge and recognise the supreme court ruling”.Elliott seized on the development on Saturday, arguing people must “acknowledge and recognise the supreme court ruling”.
“But police are prepared for anyone who just wants to flout the law,” Elliott said.“But police are prepared for anyone who just wants to flout the law,” Elliott said.
Asked if police had capacity to arrest 5,000 people, he declined to comment on “police operational procedures”.Asked if police had capacity to arrest 5,000 people, he declined to comment on “police operational procedures”.
Politicians and health officials have argued the protests risk a “second wave” of coronavirus cases, which could harm the Indigenous community, but protesters have been resolute in their desire to push ahead with the events.Politicians and health officials have argued the protests risk a “second wave” of coronavirus cases, which could harm the Indigenous community, but protesters have been resolute in their desire to push ahead with the events.
On Saturday, a First Nations health group argued institutional racism and systemic bias were making Aboriginal people sick. The marches came as reports emerged from WA that a 40-year-old Aboriginal man had died after collapsing at the privately run Acacia prison.
“The long-term health impacts after a death in custody or incident of police brutality are endless,” the Queensland Aboriginal and Islander Health Council said in a statement. A WA Department of Justice statement said the man was found on Friday but could not be revived. He was pronounced dead in hospital.
Police said the death did not appear to be suspicious, although they would investigate and an inquest and internal department review would be held.
The National Aboriginal and Torres Strait Islander Legal Service said people could not be “silent while police violence is unchecked and continues to kill our people”.The National Aboriginal and Torres Strait Islander Legal Service said people could not be “silent while police violence is unchecked and continues to kill our people”.
The Natsils co-chair, Nerita Waight, called on police not to issue fines to protesters on Saturday.The Natsils co-chair, Nerita Waight, called on police not to issue fines to protesters on Saturday.
“Upholding freedom of expression and assembly at times like this is critical and we encourage governments to ensure that people attending the peaceful protests are doing so in the safest way possible,” she said.“Upholding freedom of expression and assembly at times like this is critical and we encourage governments to ensure that people attending the peaceful protests are doing so in the safest way possible,” she said.
“We strongly encourage governments to use methods that do not result in the further criminalisation of, or violence to, Aboriginal and Torres Strait Islander people – including fines.”“We strongly encourage governments to use methods that do not result in the further criminalisation of, or violence to, Aboriginal and Torres Strait Islander people – including fines.”
Organisers of the demonstrations, which will also take place in Melbourne, Brisbane and Adelaide, said protesters should wear face masks, adhere to social distancing where possible and stay home if they are sick. Organisers of the demonstrations had said protesters should wear face masks, adhere to social distancing where possible and stay home if they are sick.
Protesters have been asked to gather in groups of 20 and organisers will distribute face masks.
In Sydney, campaigners will gather outside Sydney Town Hall for a Stop All Black Deaths In Custody rally.
Police in NSW pledged to issue fines to protesters, while in Victoria the protest organisers have been threatened with $1,600 fines and the force did not rule out penalties for individuals.Police in NSW pledged to issue fines to protesters, while in Victoria the protest organisers have been threatened with $1,600 fines and the force did not rule out penalties for individuals.
The NSW police commissioner, Mick Fuller, late on Friday said police would have a “strong presence” at the rally “to ensure the law is obeyed”.The NSW police commissioner, Mick Fuller, late on Friday said police would have a “strong presence” at the rally “to ensure the law is obeyed”.
“If people choose to disobey the supreme court ruling and attend the planned protest regardless, they need to be aware they are doing so unlawfully and police will respond accordingly,” he said in a statement.“If people choose to disobey the supreme court ruling and attend the planned protest regardless, they need to be aware they are doing so unlawfully and police will respond accordingly,” he said in a statement.
The rallies planned for Saturday aim highlight Australia’s record of Indigenous deaths in police custody, and follow daily protests in the US over the death of African American man George Floyd at the hands of white police officers in Minneapolis. Leetona Dungay, whose son David died in Long Bay jail after shouting “I can’t breathe” while being restrained, said she would march in Sydney regardless of court approval.
Floyd was heard saying “I can’t breathe” before he died.
Leetona Dungay, whose son David died in Long Bay jail after shouting “I can’t breathe” while being restrained, said she would march regardless of court approval.
“I’m marching for my son and nothing is stopping me,” she said before the court’s decision. “If we don’t march tomorrow that means they’ll keep killing people.”“I’m marching for my son and nothing is stopping me,” she said before the court’s decision. “If we don’t march tomorrow that means they’ll keep killing people.”
On Saturday, Guardian Australia released an update to its groundbreaking Deaths Inside project, confirming there have now been at least 434 Aboriginal deaths in custody since a royal commission into the issue in 1991.On Saturday, Guardian Australia released an update to its groundbreaking Deaths Inside project, confirming there have now been at least 434 Aboriginal deaths in custody since a royal commission into the issue in 1991.
The rally in central Melbourne will begin with a Welcome To Country by the Wurundjeri senior elder Aunty Diane Kerr and a chant led by the Wurundjeri woman Mandy Nicholson. The rally in central Melbourne was expected to begin with a Welcome To Country by the Wurundjeri senior elder Aunty Diane Kerr and a chant led by the Wurundjeri woman Mandy Nicholson.
Nicholson has called on protesters to paint white ocre across their forehead in keeping with an Indigenous sign of mourning. Non-indigenous protesters are encouraged to have an Indigenous person paint it for them. Nicholson called on protesters to paint white ocre across their forehead in keeping with an Indigenous sign of mourning. Non-Indigenous protesters were encouraged to have an Indigenous person paint it for them.
Thousands are also expected to march through central Brisbane on Saturday, despite a request from the Queensland premier, Annastacia Palaszczuk, that people protest online instead.
Protesters also gathered in smaller Australian towns, including Wagga Wagga in NSW and Cairns in Queensland.Protesters also gathered in smaller Australian towns, including Wagga Wagga in NSW and Cairns in Queensland.