Supreme court rules impeachment case against Vice President Sara Duterte is unconstitutional
The lower house of Congress had impeached Ms Duterte in February, accusing her of misusing public funds, amassing unusual wealth and threatening to kill Philippine President Ferdinand Marcos Jr, the First Lady, and the House Speaker.
The court said it was not absolving Ms Duterte of the charges, but the ruling may nevertheless be a huge boost for her political ambitions.
She is widely seen as a strong contender for the 2028 presidency, which Mr Marcos cannot contest due to a single-term limit for Philippine presidents, but an impeachment trial conviction would have seen her banned from office for life.
Ms Duterte has said the move to impeach her, which came amid a bitter feud with Mr Marcos, was politically motivated.
"This unanimous decision has once again upheld the rule of law and reinforced the constitutional limits against abuse of the impeachment process," her lawyers said in a statement.
Ms Duterte is the daughter of firebrand former President Rodrigo Duterte, who is now in the custody of the International Criminal Court over his bloody war on drugs. He has denied wrongdoing.
In a unanimous decision, the country's top court agreed with Ms Duterte's contention that Congress violated a constitutional safeguard against more than one impeachment proceeding against the same official within a year.
More than 200 members of the lower house had endorsed the fourth impeachment complaint to the Senate, having not acted on the first three filings.
"The articles of impeachment, which was the fourth complaint, violated the one year period ban because there were three complaints that came ahead of it," Supreme Court spokesperson Camille Ting told a media briefing.
As a result, the Senate then did not have the authority to convene an impeachment tribunal, the court added.
Mr Marcos has distanced himself from the proceedings against his estranged Vice President, saying the government's executive branch cannot intervene in the matter.
His office said on Friday the court's decision must be respected.
A spokesperson for the Senate said the upper chamber was duty-bound to respect the court's ruling.
There was no immediate comment from members of the House prosecution panel, but a spokesperson for the lower house said that while it respects the court "its constitutional duty to uphold truth and accountability does not end here".
The Supreme Court said a fresh complaint could be filed against Ms Duterte once the ban expires.
"We remain prepared to address the allegations at the proper time and before the appropriate forum," Ms Duterte's lawyers said.
Reuters
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Perth Now
an hour ago
- Perth Now
Outback Wrangler trial finally set to get under way
The long-awaited trial of reality TV star Matt Wright is finally set to begin more than three years after his mate Chris "Willow" Wilson died in an outback chopper crash. Following many delays because of legal argument and scheduling issues, a jury was selected on Tuesday to try Wright on charges of perverting the course of justice following the February 2022 crash in the Northern Territory. Mr Wilson, 34, was hanging from a sling under the chopper on a mission to collect crocodile eggs when the aircraft lost power and plunged to the ground, killing him and critically injuring pilot Sebastian Robinson. Wright, the star of TV show Outback Wrangler, was charged after being accused of tampering with evidence to cover up non-adherence to aircraft maintenance rules. The 45-year-old has pleaded not guilty to three counts of attempting to pervert the course of justice. On Tuesday, more than 100 potential jurors packed the Supreme Court in Darwin, with dozens coming forward to seek to be excused from jury service as Wright watched quietly from the dock. A panel of 12 jurors plus two reserves was selected, comprising eight men and six women. Acting Justice Allan Blow told the court the trial could take from three to five weeks, with a long list of witnesses to be examined. He told jurors the case had received a lot of publicity but it was important they ignore what they had heard or read and rely solely on evidence presented in the courtroom to make their decisions. The charge of attempting to pervert the course of justice carries a maximum 15-year jail term in the NT. An Australian Transport Safety Bureau report into the crash near the King River in Arnhem Land found the chopper's engine stopped mid-flight because of a lack of fuel. Wright rose to fame starring in National Geographic's Outback Wrangler and the Netflix series Wild Croc Territory.
The Advertiser
11 hours ago
- The Advertiser
'No shame': Minns slams convicted rapist's bid to serve as MP from jail
Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023.
ABC News
12 hours ago
- ABC News
NSW government kills debate on protesters paying for police presence after exceeding cap
A renewed push to limit activists to staging three protests a year with taxpayer-funded crowd control has been shut down by the NSW government. After the weekend's pro-Palestinian march over Sydney Harbour Bridge, Shadow Attorney-General Alister Henskens attempted to bring on debate for a bill — first introduced in February — that proposed a 'user pays' system for protest organisers after reaching a cap. "This bill is not taking any side on the issues that were subject of the protest on Sunday," Mr Henskens told parliament. "The current legislation does not give any guidance to courts as to how they are to determine the public interest. "What we've seen is millions of dollars being spent on policing instead of on health, education and public transport. There's been a huge drain on our policing resources." But the government voted against debating the proposal on Tuesday, effectively killing the bill. The proposal could have forced protest organisers to pay or contribute to the cost of policing after three annual protests. Premier Chris Minns said the "strong view" of senior government counsel was that it could be "unconstitutional". However, he has not ruled out legislation to prevent regular protests that disrupt "critical infrastructure" like the harbour bridge, following the Supreme Court decision on Saturday for the march to go ahead. "We can't have open season on the bridge. We need to have some kind of orderly process where we balance people's rights to have a protest in Sydney — it's a big international city — without closing down critical infrastructure," Mr Minns told radio station 2GB. "I want to make sure my ducks are in a row ... I'm not ruling out legislation. "I realise that will be controversial, but I think even a lot of people that were at the protest on Sunday would appreciate that you can't knock the bridge out every weekend." NSW Opposition Leader Mark Speakman said it was a fair demand that, after three free demonstrations, the right to protest was balanced against cost to taxpayers and diversion of police resources. "We offered the government a way to strike a fair balance when it comes to protest law," Mr Speakman said. "The right to protest is fundamental in a liberal democracy, but it's not an absolute right. "It has to be balanced against public safety, against the diversion of police resources, against the cost to the taxpayer and against the right of other citizens to use their public infrastructure and go about their daily business." In the lead-up to the protest, Mr Minns faced internal criticism from Labor MPs who suggested political overreach after he stated the bridge march should not go ahead. Two of his ministers, Penny Sharpe and Jihad Dib, joined the protest on Sunday, as did several MPs including Julia Finn, Lynda Voltz, Stephen Lawrence and Anthony D'Adam. While the government is reviewing the Supreme Court's judgement, legal expert Simon Rice from Sydney Law School described the decision as "unremarkable". Professor Rice said Justice Belinda Rigg ultimately decided freedom of expression in this case outweighed NSW Police's public safety concerns. "It's another in a string of decisions the Supreme Court makes from time-to-time when police are concerned about safety and it weighs up competing considerations," he said. "It's not a special decision except that it was on the harbour bridge. "A future protest could be on the harbour bridge, but that depends on the factors the court weighs up next time."
