High court occupied by defenders of liberty

Occupy Sydney ramps up the stakes taking the New South Wales Police to the High Court early next year defending their right to assembly and free speech.

Marsdens Law Group (MLG), acting on behalf of   occupy Sydney, is seeking a Constitutional Declaration in respect of the implied rights of political communication and association rights to protest as guaranteed under the Constitution. Over 60

occupy Sydney protesters have been arrested since October 15 and many complain of unnecessary violence and abuse of power by the police. 

MLG’s Criminal Litigation Department solicitor Jeff Clarke said they plan to submit an application before Christmas to seek leave from the High Court of Australia to hear the case, which is likely to be proceeding early next year. “This is the correct forum or important Constitutional matters,” Mr Clarke said. 

A successful win would mean Occupy Sydney would be able to carry out their protest more in line with what they need to do and bring their issues to the public.”

 He said this could set a precedent and would benefit the public long term too. “I would expect that if it is a positive win in the High Court the police would be legally educated about the result and uphold the law without belligerence.”

A Police Media Unit spokesperson unaware of the impending high Court challenge said the police would not be   making any comments at this stage until the High Court case. An Occupy Sydney protester and IT consultant Gerry Healey, 36, said the police all over the world are making it difficult for the Occupy movement.

“There is an incredible sense of persecution by the police and this is detracting from the public taking part in the protests,” Mr Healey said.

“We’ve been very consistent advocating non violence but when the police get involved there is violence.”

No one in Occupy Sydney or Australia has thrown anything so why are the riot squad involved,” Mr Healey said. “I understand the police psychology as I used to be in the military and this [behaviour] is part of dehumanising the person.”

Another Occupy Sydney protester and recently qualified lawyer Wenny Heresia, 27, said the police have wide discretionary powers and they are using their powers in a way   that is unlawful using intimidation tactics and force.

“The police are acting under political pressure,” Mr Healey said.

By Glenn Lockitch