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| Supreme court rules in favour of police, banning Sydney's Black Lives Matter protest | Supreme court rules in favour of police, banning Sydney's Black Lives Matter protest |
| (about 3 hours later) | |
| Family of David Dungay Jr says rally to call for justice will proceed on Tuesday | Family of David Dungay Jr says rally to call for justice will proceed on Tuesday |
| The New South Wales supreme court has ruled in favour of police, effectively banning a Black Lives Matter protest planned for Tuesday in Sydney – but activists say the rally will go ahead. | The New South Wales supreme court has ruled in favour of police, effectively banning a Black Lives Matter protest planned for Tuesday in Sydney – but activists say the rally will go ahead. |
| The court on Sunday sided with police and dubbed the event a prohibited public assembly, opening up demonstrators to arrest and fines for breaching coronavirus restrictions on mass gatherings. | The court on Sunday sided with police and dubbed the event a prohibited public assembly, opening up demonstrators to arrest and fines for breaching coronavirus restrictions on mass gatherings. |
| But seconds after Justice Mark Ierace announced his orders, a lawyer for the rally organiser Paddy Gibson asked they be temporarily suspended to allow for an appeal to be lodged with the court of appeal. | But seconds after Justice Mark Ierace announced his orders, a lawyer for the rally organiser Paddy Gibson asked they be temporarily suspended to allow for an appeal to be lodged with the court of appeal. |
| The court was told on Friday Gibson had threatened to take the matter all the way to the high court. | The court was told on Friday Gibson had threatened to take the matter all the way to the high court. |
| NSW Health’s Dr Jeremy McAnulty rated the risk of transmission at the rally as “medium” and told the court he was concerned about whether social distancing could be maintained. | NSW Health’s Dr Jeremy McAnulty rated the risk of transmission at the rally as “medium” and told the court he was concerned about whether social distancing could be maintained. |
| Organisers have nevertheless promised to risk arrest and gather outside Town Hall at noon on Tuesday as planned. They will then walk to Parliament House to deliver a petition calling for justice for David Dungay Jr, a Dunghutti man who died in a Sydney jail in 2015. | |
| His nephew Paul Silva told Guardian Australia the rally would go ahead: “Our family is going to take to the streets to demand justice. | His nephew Paul Silva told Guardian Australia the rally would go ahead: “Our family is going to take to the streets to demand justice. |
| “The only way that’s going to stop this protest is if the Premier calls Safe Work New South Wales and calls the department of public prosecutions to undertake an investigation. Otherwise, we’ll continue to take to the streets, whether it be with 40 people, or 40,000 people. | “The only way that’s going to stop this protest is if the Premier calls Safe Work New South Wales and calls the department of public prosecutions to undertake an investigation. Otherwise, we’ll continue to take to the streets, whether it be with 40 people, or 40,000 people. |
| “Our family is determined to get justice for David Dungay Jr. and demand systematic change for the First Nations people here in Australia. | “Our family is determined to get justice for David Dungay Jr. and demand systematic change for the First Nations people here in Australia. |
| “The Australian government, New South Wales courts and New South Wales police should be very grateful that we’re not looting and rioting, like what’s happening in the US.” | “The Australian government, New South Wales courts and New South Wales police should be very grateful that we’re not looting and rioting, like what’s happening in the US.” |
| Silva said the family were committed to peaceful protests: “We just know that violence isn’t going solve this. These are peaceful protests and we’re going to demand justice in a peaceful way until someone in government hears our voices and steps up to the table and says enough’s enough. We’re going to make systemic changes for this and it’s got to happen sooner or later.” | Silva said the family were committed to peaceful protests: “We just know that violence isn’t going solve this. These are peaceful protests and we’re going to demand justice in a peaceful way until someone in government hears our voices and steps up to the table and says enough’s enough. We’re going to make systemic changes for this and it’s got to happen sooner or later.” |
| Gibson’s lawyer had argued that yelling “Black Lives Matter” in a protest was more important to a democratic society than going to a football match, and thus should also be accommodated in times of pandemic. | Gibson’s lawyer had argued that yelling “Black Lives Matter” in a protest was more important to a democratic society than going to a football match, and thus should also be accommodated in times of pandemic. |
| “Going to the aquarium, going to sex-on-premises venues, going to football matches – these aren’t essential to our democracy,” Felicity Graham said. “Protest is.” | “Going to the aquarium, going to sex-on-premises venues, going to football matches – these aren’t essential to our democracy,” Felicity Graham said. “Protest is.” |
| Gibson produced a Covid-19 safety plan like those businesses require to operate, in which he said people should wear masks, practice hand hygiene and leave contact details with organisers so they could be notified in the event a demonstrator tested positive to coronavirus. | Gibson produced a Covid-19 safety plan like those businesses require to operate, in which he said people should wear masks, practice hand hygiene and leave contact details with organisers so they could be notified in the event a demonstrator tested positive to coronavirus. |