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| NSW police chief undermined legal challenge to BLM protest planned for Sydney, organisers say | NSW police chief undermined legal challenge to BLM protest planned for Sydney, organisers say |
| (about 1 hour later) | |
| Commissioner may have ‘thwarted the statutory process’ by stating on commercial radio he was heading to court before police held a scheduled meeting with organisers | Commissioner may have ‘thwarted the statutory process’ by stating on commercial radio he was heading to court before police held a scheduled meeting with organisers |
| NSW police commissioner Mick Fuller may have undermined his own effort to stop a Black Lives Matters rally planned for Sydney by speaking to media about the issue before consulting the rally organiser, a court has been told. | NSW police commissioner Mick Fuller may have undermined his own effort to stop a Black Lives Matters rally planned for Sydney by speaking to media about the issue before consulting the rally organiser, a court has been told. |
| The demonstration, which will demand justice for David Dungay Jr, is scheduled for Tuesday despite NSW coronavirus health orders banning large gatherings of people. | The demonstration, which will demand justice for David Dungay Jr, is scheduled for Tuesday despite NSW coronavirus health orders banning large gatherings of people. |
| Lawyers for Fuller went to the NSW supreme court on Thursday afternoon in an attempt to de-authorise the public assembly, so police could move on or arrest anyone blocking streets or gathering en masse. | Lawyers for Fuller went to the NSW supreme court on Thursday afternoon in an attempt to de-authorise the public assembly, so police could move on or arrest anyone blocking streets or gathering en masse. |
| A second wave of coronavirus has hit Victoria and clusters of cases have grown in the 20 days since NSW police’s last attempt to stop a BLM rally. | A second wave of coronavirus has hit Victoria and clusters of cases have grown in the 20 days since NSW police’s last attempt to stop a BLM rally. |
| But rally organiser Paddy Gibson argued the court can’t legally hear the case. | |
| Police couldn’t submit a case to the court without first taking “into consideration any matters put by the organiser” at a scheduled conference, the court was told. | Police couldn’t submit a case to the court without first taking “into consideration any matters put by the organiser” at a scheduled conference, the court was told. |
| That conference between Gibson and local police on Monday morning came hours after Fuller went on 2GB radio to announce the matter was headed to court, Gibson’s lawyer said. | That conference between Gibson and local police on Monday morning came hours after Fuller went on 2GB radio to announce the matter was headed to court, Gibson’s lawyer said. |
| “The commissioner has thwarted the statutory process,” Felicity Graham said. | “The commissioner has thwarted the statutory process,” Felicity Graham said. |
| In the 2GB interview, the police commissioner said: “I’ve spoken to the assistant commissioner in charge of the city, Mick Willing, and he’s been instructed to take the matter to the supreme court like we have with previous matters.” | In the 2GB interview, the police commissioner said: “I’ve spoken to the assistant commissioner in charge of the city, Mick Willing, and he’s been instructed to take the matter to the supreme court like we have with previous matters.” |
| Justice Mark Ierace said he was “very concerned” by the interview. | Justice Mark Ierace said he was “very concerned” by the interview. |
| “I’d have thought ... one might say ‘consideration’ is to be a genuine consideration, bona fide if you like,” he said. | “I’d have thought ... one might say ‘consideration’ is to be a genuine consideration, bona fide if you like,” he said. |
| “If it to be the case that the commissioner said publicly he’d given instructions before the meeting (then) on its face, that would be very concerning.” | “If it to be the case that the commissioner said publicly he’d given instructions before the meeting (then) on its face, that would be very concerning.” |
| But NSW police argued Fuller had delegated responsibility to assistant commissioner Stacey Maloney who made the decision to go to court. | |
| At that time of the radio interview “the commissioner wasn’t exercising a function under the act in any event,” Michael Spartalis, for NSW police, said. | At that time of the radio interview “the commissioner wasn’t exercising a function under the act in any event,” Michael Spartalis, for NSW police, said. |
| The case was adjourned to Friday morning when Maloney is expected to give evidence. | The case was adjourned to Friday morning when Maloney is expected to give evidence. |
| NSW Health’s Jeremy McAnulty is also expected to be cross-examined on a statement he gave in support of the police case. | NSW Health’s Jeremy McAnulty is also expected to be cross-examined on a statement he gave in support of the police case. |
| Earlier on Thursday, organisers vowed the Sydney Town Hall demonstration would go ahead at noon on Tuesday despite both the prime minister and New South Wales premier demanding its cancellation. | Earlier on Thursday, organisers vowed the Sydney Town Hall demonstration would go ahead at noon on Tuesday despite both the prime minister and New South Wales premier demanding its cancellation. |
| Scott Morrison called the protest “appalling” and suggested protesters would be breaking the law by attending, while the premier, Gladys Berejiklian, insisted the state “cannot allow” the march to go ahead. | Scott Morrison called the protest “appalling” and suggested protesters would be breaking the law by attending, while the premier, Gladys Berejiklian, insisted the state “cannot allow” the march to go ahead. |
| But co-organiser Paul Silva, the nephew of David Dungay Jr, an Aboriginal man who died in custody in 2015, said the protest would “most definitely” proceed. He said the fact the BLM protests were being singled out despite NSW allowing gatherings at football matches, hotels and in shopping centres was evidence authorities were using the pandemic as an “excuse to silence us”. | But co-organiser Paul Silva, the nephew of David Dungay Jr, an Aboriginal man who died in custody in 2015, said the protest would “most definitely” proceed. He said the fact the BLM protests were being singled out despite NSW allowing gatherings at football matches, hotels and in shopping centres was evidence authorities were using the pandemic as an “excuse to silence us”. |