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Police prepare for Harbour Bridge shutdown as pro-Palestine march given supreme court green light | Police prepare for Harbour Bridge shutdown as pro-Palestine march given supreme court green light |
(32 minutes later) | |
Palestine Action Group claims up to 50,000 people will take part in the march which is scheduled to take place on Sunday | Palestine Action Group claims up to 50,000 people will take part in the march which is scheduled to take place on Sunday |
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Pro-Palestine protesters will be legally protected while marching across the Sydney Harbour Bridge on Sunday after a New South Wales supreme court decision. | Pro-Palestine protesters will be legally protected while marching across the Sydney Harbour Bridge on Sunday after a New South Wales supreme court decision. |
The bridge is expected to be closed for about five hours, from 11.30am, and additional police are being mobilised to observe a march that could include up to 50,000 people. | The bridge is expected to be closed for about five hours, from 11.30am, and additional police are being mobilised to observe a march that could include up to 50,000 people. |
In her judgment, Justice Belinda Rigg said “the march at this location is motivated by the belief that the horror and urgency of the situation in Gaza demands an urgent and extraordinary response from the people of the world”. | In her judgment, Justice Belinda Rigg said “the march at this location is motivated by the belief that the horror and urgency of the situation in Gaza demands an urgent and extraordinary response from the people of the world”. |
“The evidence indicates there is significant support for the march.” | “The evidence indicates there is significant support for the march.” |
The Palestine Action Group has claimed tens of thousands of people will take part in the march across the bridge, protesting against Israel’s conduct in Gaza and the starvation of children. | The Palestine Action Group has claimed tens of thousands of people will take part in the march across the bridge, protesting against Israel’s conduct in Gaza and the starvation of children. |
Earlier this week, police rejected an application from organisers for it to facilitate the march. Police argued there was not enough time to prepare a traffic management plan and warned of a potential crowd crush and huge disruptions. | Earlier this week, police rejected an application from organisers for it to facilitate the march. Police argued there was not enough time to prepare a traffic management plan and warned of a potential crowd crush and huge disruptions. |
Speaking after the judgment, the NSW police deputy commissioner Peter McKenna said police were now switching to preparation mode. | Speaking after the judgment, the NSW police deputy commissioner Peter McKenna said police were now switching to preparation mode. |
“We don’t get into the politics,” McKenna said. “We enforce the law of the day and tomorrow these protests have been deemed authorised, so we will police it in that respect.” | “We don’t get into the politics,” McKenna said. “We enforce the law of the day and tomorrow these protests have been deemed authorised, so we will police it in that respect.” |
He urged all participants to follow directions and said police would act on any antisocial behaviour. Public order and riot squad police, mounted police, traffic and highway patrol and other units were being called in to work, he said. | He urged all participants to follow directions and said police would act on any antisocial behaviour. Public order and riot squad police, mounted police, traffic and highway patrol and other units were being called in to work, he said. |
“Nothing changes for us in the fact that [if] people … come in to do the right thing and have a safe protest, then we will facilitate that … we will work with them. | “Nothing changes for us in the fact that [if] people … come in to do the right thing and have a safe protest, then we will facilitate that … we will work with them. |
“But if people come in to commit any type of offences, antisocial behaviour, or anything else that puts public safety at risk, we will have no hesitation to take action.” | “But if people come in to commit any type of offences, antisocial behaviour, or anything else that puts public safety at risk, we will have no hesitation to take action.” |
Officials were expecting significant disruption to roads and public transport. Trains will still run across the bridge, authorities said. | Officials were expecting significant disruption to roads and public transport. Trains will still run across the bridge, authorities said. |
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Once the application known as a “form 1” was rejected by police, the supreme court was required to decide whether the protest should be considered as “authorised”, which provides some legal protections to demonstrators. | Once the application known as a “form 1” was rejected by police, the supreme court was required to decide whether the protest should be considered as “authorised”, which provides some legal protections to demonstrators. |
Rigg said the fact the demonstration was likely to cause significant inconvenience to residents and others “is far from determinative”. | Rigg said the fact the demonstration was likely to cause significant inconvenience to residents and others “is far from determinative”. |
“If matters such as this were to be determinative, no assembly involving inconvenience would be permitted,” she said. | “If matters such as this were to be determinative, no assembly involving inconvenience would be permitted,” she said. |
“To deprive such groups the opportunity to demonstrate in an authorised public assembly would inevitably lead to resentment and alienation.” | “To deprive such groups the opportunity to demonstrate in an authorised public assembly would inevitably lead to resentment and alienation.” |
Rigg noted submissions from Palestine Action Group’s spokesperson, Josh Lees, who told the court a demonstration on the bridge would send an “an urgent and massive response” to the crisis in Gaza. | Rigg noted submissions from Palestine Action Group’s spokesperson, Josh Lees, who told the court a demonstration on the bridge would send an “an urgent and massive response” to the crisis in Gaza. |
“The public interest in freedom of expression, at this time, in the manner contemplated, for the reasons advanced, is very high,” Rigg said. | “The public interest in freedom of expression, at this time, in the manner contemplated, for the reasons advanced, is very high,” Rigg said. |
Rigg rejected any suggestion that her decision would condone any antisocial behaviour or violence at the demonstration or “ambulances not getting to hospital on time”. | Rigg rejected any suggestion that her decision would condone any antisocial behaviour or violence at the demonstration or “ambulances not getting to hospital on time”. |
The court ruling means protesters will have immunity from being charged under the Summary Offences Act. This includes protection from offences like “obstructing” traffic – crucial in this particular protest. | |
However, police will still have access to a range of other powers to stem so-called “anti-social behaviour” or other types of offending. This includes showing prohibited symbols. | However, police will still have access to a range of other powers to stem so-called “anti-social behaviour” or other types of offending. This includes showing prohibited symbols. |
The state police minister Yasmin Catley said the government “accepted” the decision. | The state police minister Yasmin Catley said the government “accepted” the decision. |
“Police, we believe, will be able to handle the protest on the bridge tomorrow, so long as people are peaceful, that they listen to what the police ask them to do,” she said. | “Police, we believe, will be able to handle the protest on the bridge tomorrow, so long as people are peaceful, that they listen to what the police ask them to do,” she said. |
“But make no mistake, there is going to be massive, massive disruption. So our message is, avoid the city if you can.” | “But make no mistake, there is going to be massive, massive disruption. So our message is, avoid the city if you can.” |
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David Mejia-Canales, a senior lawyer at the Human Rights Law Centre, said the authorisation “doesn’t give people the ability to engage in all types and all forms of activism”. | David Mejia-Canales, a senior lawyer at the Human Rights Law Centre, said the authorisation “doesn’t give people the ability to engage in all types and all forms of activism”. |
“It’s really important for people who do attend that they follow the directions of organisers and marshals.” | “It’s really important for people who do attend that they follow the directions of organisers and marshals.” |
No legal protection for counter protest | No legal protection for counter protest |
Rigg said a counter protest against anti-semitism, organised by the Christian-led group called Never Again is Now, would not be granted legal protections because “notice was served less than seven days before the proposed assembly”. | Rigg said a counter protest against anti-semitism, organised by the Christian-led group called Never Again is Now, would not be granted legal protections because “notice was served less than seven days before the proposed assembly”. |
The group had been planning to protest outside the Sydney harbour tunnel, in close proximity to the pro-Palestinian march. Rigg said police would have the legal power to direct this group to move on, or if necessary, arrest demonstrators for non-compliance. | The group had been planning to protest outside the Sydney harbour tunnel, in close proximity to the pro-Palestinian march. Rigg said police would have the legal power to direct this group to move on, or if necessary, arrest demonstrators for non-compliance. |
There is no authority to ban protest or deem it unlawful in NSW. This is because while there is no express right to protest in the state, it is covered in common law and by the Australian constitution, which the high court has found implies the right to freedom of political communication. | There is no authority to ban protest or deem it unlawful in NSW. This is because while there is no express right to protest in the state, it is covered in common law and by the Australian constitution, which the high court has found implies the right to freedom of political communication. |
The Palestinian Action Group’s lawyer, Felicity Graham, told the court on Friday that organisers would proceed with the demonstration regardless of the decision. | The Palestinian Action Group’s lawyer, Felicity Graham, told the court on Friday that organisers would proceed with the demonstration regardless of the decision. |
“I have the firmest of instructions that Palestine Action Group are proceeding with this protest … It cannot be stopped,” Graham said. | “I have the firmest of instructions that Palestine Action Group are proceeding with this protest … It cannot be stopped,” Graham said. |
Lees said the group was willing to delay protest by up to three weeks if the police were willing to work with them. | Lees said the group was willing to delay protest by up to three weeks if the police were willing to work with them. |
The police’s barrister Lachlan Gyles argued that what was being asked was “unprecedented” in terms of the “risk, the lack of time to prepare, and, of course, the location”. | The police’s barrister Lachlan Gyles argued that what was being asked was “unprecedented” in terms of the “risk, the lack of time to prepare, and, of course, the location”. |
“There’s been no liaison whatsoever with any of the agencies and government authorities who would be involved, most particularly Transport for New South Wales,” he said. | “There’s been no liaison whatsoever with any of the agencies and government authorities who would be involved, most particularly Transport for New South Wales,” he said. |
The decision came after several NSW Labor MPs defied their premier, Chris Minns, by vowing to attend the march. Minns had earlier opposed the protest and said “we cannot allow Sydney to descend into chaos”. | The decision came after several NSW Labor MPs defied their premier, Chris Minns, by vowing to attend the march. Minns had earlier opposed the protest and said “we cannot allow Sydney to descend into chaos”. |
Labor’s Stephen Lawrence, Anthony D’Adam, Lynda Voltz, Cameron Murphy and Sarah Kaine were among 15 NSW politicians who signed an open letter on Thursday evening calling on the government to facilitate “a safe and orderly event” on Sunday. | Labor’s Stephen Lawrence, Anthony D’Adam, Lynda Voltz, Cameron Murphy and Sarah Kaine were among 15 NSW politicians who signed an open letter on Thursday evening calling on the government to facilitate “a safe and orderly event” on Sunday. |
The Greens justice spokesperson, Sue Higginson, said: “This landmark decision is a win for humanity, a win for starving children in Gaza, and a crushing defeat for this anti-protest Minns Labor government.” | The Greens justice spokesperson, Sue Higginson, said: “This landmark decision is a win for humanity, a win for starving children in Gaza, and a crushing defeat for this anti-protest Minns Labor government.” |
The state opposition leader, Mark Speakman, said he respected the freedom to protest, including with rallies and marches, “but allowing the takeover of the Harbour Bridge for a protest in the middle of the day sets the wrong precedent for the future”. | The state opposition leader, Mark Speakman, said he respected the freedom to protest, including with rallies and marches, “but allowing the takeover of the Harbour Bridge for a protest in the middle of the day sets the wrong precedent for the future”. |
“There are plenty of other places to protest,” he said. | “There are plenty of other places to protest,” he said. |