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NSW police to drop charges against Isaac Herzog protesters laid using unlawful public assembly restrictions
TL;DR
New South Wales police will drop charges against protesters from a Sydney demonstration against Isaac Herzog, citing a now-defunct public assembly law. The exact number of affected protesters remains unclear.
Key points
- NSW police to drop charges against protesters
- Charges were based on a now-defunct public assembly law
- Around 30 protesters were charged
- The law was ruled unconstitutional by the court of appeal
- The protest was against Israeli President Isaac Herzog's visit
Mentioned in this story
Isaac HerzogNew South Wales PoliceSydney
Charges laid under a now defunct law against people who attended a Sydney protest against Isaac Herzog will be dropped, police have confirmed, but it remains unclear how many of the 30 protesters charged the decision affects.
New South Wales police commissioner, Mal Lanyon, said on ABC Radio on Wednesday morning that, pending a review, police would drop charges laid under the public assembly restriction declaration (Pard) law which was in force during the February protest at Sydney’s town hall against the Israeli president’s visit to Australia and was cited by police as the reason a march could not go ahead.
Last month, the court of appeal struck down the Pard law, ruling in favour of the Palestine Action Group and Blak Caucus, and finding giving police the power to restrict all protests for a period of 90 days after a terrorist attack was unconstitutional. The law was introduced after December’s Bondi beach terror attack, in which 15 people were killed and more than 40 injured when two gunmen opened fire on a Jewish celebration of Hanukah at a park.
Lanyon said on Wednesday that police were also investigating if directions given under a separate “major events” declaration, which gave police expanded move on and search powers, were lawful.
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The premier, Chris Minns, had said in the wake of the Pard being struck down that because the anti-Herzog protest was also covered by a major events declaration charges would still stand for those who did not comply with police directions.
The 30 protesters charged face various offences that fall outside the Pard or major events declaration, including assault police officer, behave in an offensive manner, and throwing an object. Lawyers have indicated that it’s unclear whether charges of failing to comply with a direction fell under the Pard or not.
In Downing centre local court on Wednesday, 14 of the protesters had their matter adjourned to make way for the review of the charges laid under the Pard.
Q&A
Why are charges against Isaac Herzog protesters being dropped?
Charges are being dropped because they were laid under a public assembly restriction law that has since been ruled unconstitutional.
How many protesters were charged in the Sydney protest against Isaac Herzog?
Approximately 30 protesters were charged during the Sydney protest against Isaac Herzog.
What was the reason for the protest against Isaac Herzog in Sydney?
The protest was against Israeli President Isaac Herzog's visit to Australia, occurring at Sydney's town hall.
What did the court of appeal rule regarding the public assembly restriction law?
The court of appeal struck down the public assembly restriction law, finding it unconstitutional to give police the power to restrict protests for 90 days after a terrorist attack.
