Sydney Black Lives Matter protest appeal dismissed for public health reasons
Black Lives Matters supporters are seen during a press conference at the Supreme Court of NSW in Sydney. Source: AAP
Organisers of a Sydney Black Lives Matter rally have lost their appeal against a New South Wales Supreme Court ruling that their planned protest is prohibited.
The court on Sunday accepted the police argument that the possibility of community transmission of COVID-19 arising from the CBD rally made Tuesday’s planned event too risky.
The NSW Court of Appeal on Monday afternoon rejected a challenge by the organisers which was primarily based on an argument that Justice Mark Ierace did not have the authority to prohibit the rally.
Chief Justice Tom Bathurst, sitting with Justices Andrew Bell and Robert Macfarlan, made no order as to legal costs after noting the challenge was a matter of public importance involving complex legislation.
The court will hand down its reasons as soon as possible.
Dominic Toomey SC, for rally organiser Paddy Gibson, unsuccessfully submitted to the Appeal Court that Justice Ierace erred in determining the Supreme Court had jurisdiction to hear the police prohibition application.
Despite the failed appeal, organisers still plan to go ahead with the rally, which will now be held in Sydney’s Domain instead of at Town Hall.
A petition signed by 90,000 people will then be delivered to state parliament, calling for justice for Indigenous man David Dungay Jr.
“Although NSW Police and the NSW Government have tried to silence First Nations people once again, we’re not going to be silent,” organiser Paul Silva, the nephew of Mr Dungay, told SBS News.
“Justice which really needs to be served for the death of David Dungay Jr.”
The family of Mr Dungay have asked that people attending the rally abide by COVID-19 safety protocols.
Participants have been encouraged to wear masks, with hand sanitiser provided for those who can’t bring their own.
Organisers will be asking attendees to register their attendance online to allow for contact-tracing.
Roughly 1,400 people have registered their intent to attend the rally on Facebook, with another 3,400 interested in participating.
NSW Premier Gladys Berejiklian warned anyone deemed to be defying a coronavirus health order would face a $1,000 on-the-spot fine.
“If we’re taking adequate steps to say within the current COVID-19 laws, like social distancing in groups of 20, there’s no reason for NSW Police to step in and issues fines to attendees,” Mr Silva said.
He also confirmed organisers remain willing to suspend Tuesday’s rally if the NSW government announces an investigation into Mr Dungay’s death.
NSW Police Minister David Elliott welcomed the Court of Appeal’s decision and urged people to stay away.
“The NSW Government urges both the organisers and anyone thinking of attending to stay away, abide by the law, and seriously consider the consequences of their potential actions,” Mr Elliott said in a statement.
“A pandemic is no time to attend a mass gathering, no matter how honourable the cause.”
People in Australia must stay at least 1.5 metres away from others. Check your state’s restrictions on gathering limits.
If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080.
Source: SBS
