NSW supreme court rules in favour of pro-Palestine march across Sydney Harbour Bridge
The Palestine Action Group has claimed as many as 50,000 people will take part in the march across the iconic 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.
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.
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.
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.'
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.
'I have the firmest of instructions that Palestine Action Group are proceeding with this protest … it cannot be stopped,' Graham said.
Graham said her argument was not to threaten the court, but to point out 'the police have no choice' and there was no evidence prohibiting the protest would increase public safety.
'The intention to march, irrespective of an immunity, is grounded in a belief that the situation is one of profound moral urgency and that the time is now,' she said.
A spokesperson for the group, Josh Lees, said they were 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, which is one of the main arteries in one of the largest cities in the world'.
'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.
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
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