Magistrate Rules Bail Conditions Banning Herzog Protester From Inner Sydney “Not Proportionate”

A 25-year-old charged with failing to follow police directions at a protest against Isaac Herzog in Town Hall has had his bail conditions varied, with a court finding it “not proportionate” to ban him from inner Sydney.

Eyad Shadid was one of a dozen protesters charged after last week’s protest against the Israeli president’s visit to Australia.

The Palestinian Australian man was arrested near a group of Muslim men before they were dragged from their knees mid-prayer by police, and charged with refusing to comply with a police direction and resisting or hindering an officer.

As per The Guardian, solicitor Nick Hanna told Downing Centre local court on Wednesday that the restriction was “unnecessary, unreasonable, disproportionate and inappropriate”, and there was “real doubt” as to whether the move-on order was lawful, as Shadid was allegedly not obstructing a footpath or road when it was issued.

Police opposed the variation on community safety grounds, arguing Shadid, who has no criminal history, could commit a future offence.

The prosecutor told the court it would “would significantly undermine enforcement and compliance in terms of [Shadid] not engaging in any unlawful protest”.

Magistrate Bree Chisholm ruled the condition was “not proportionate”, and that Shadid was already required not to commit any further offences and remain on good behaviour.

Bail conditions shouldn’t be used as “punishment itself” 

Similar bail conditions have been enforced on other arrestees from the rally, with one 67-year-old man banned from participating in “any rallies or demonstrations” while on bail, following a charge of behaving in an offensive manner.

Others, including Shadid, were told they would be in breach of their bail conditions if they attended any “unlawful” protest.

Representing a number of the protesters, solicitor Majed Kheir said there were concerns police had been “heavy-handed” in the setting of some bail conditions.

“Some conditions appear to target lawful conduct that does not necessarily give rise to a bail concern,” he said.

Redfern Legal Centre’s Samantha Lee emphasised the importance of bail conditions not being used “as a form of punishment itself”.

The Law Enforcement Conduct Commission announced last week that it was “in the public interest” to allegations of police brutality at the demonstration.

NSW Police Commissioner Mal Lanyon has denied accusations of police violence during the operation, but apologised “for any offence that may have been taken” after Muslim community leaders said the disruption of the men praying represented serious breach of religious sanctity.

Premier Chris Minns has maintained his refusal to apologise for police actions, saying he needs to be “consistent with my views publicly and privately”.