NSW Police Drop Anti-Riot Powers Charge Against Hannah Thomas
Image: deepcutnews/Instagram, NSW Police/Facebook
NSW Police have dropped a charge against Pro-Palestine protester Hannah Thomas that relied on rarely used emergency anti-riot powers.
The 35-year-old was one of five arrested in protest on June 27 during an early morning picket outside SEC Plating in Belmore. The business is allegedly involved in providing plating services for parts used in Israel’s F-35 jets, however the company denies this claim.
Thomas was charged with resisting police and refusing or failing to comply with a direction to disperse, with arrest documents for the latter charge citing emergency police powers under part 6A of the Law Enforcement Powers and Responsibilities Act (Lepra).
The powers were introduced following the 2005 Cronulla Riots to “assist police to prevent and defuse large-scale public disorder”, and can only be used after an authorisation is given by an Assistant Commissioner or above of the NSW Police.
On Monday afternoon, NSW Police announced they would withdraw the relevant charge, and that Thomas would face an additional charge of refusing or failing to comply with a direction – alongside her charge of resisting police.
Assistant Commissioner Brett McFadden said a review had been launched last Monday, 30 June, to examine and reassess the relevancy of the charges, as was expected in protocol for critical incidents.
“At the next court appearance, police will seek to withdraw the alternative charge under section 87ma(4),” he said.
“As the matter is before the court and subject to a critical incident investigation oversighted by Lecc, we are unable to provide further information.”
Emergency anti-riot powers “revealing and deeply concerning”
Yesterday morning, prior to the change in charges, Greens MP and Spokesperson for Justice, Sue Higginson filed a formal complaint to the Law Enforcement Conduct Commission (LECC), alleging misconduct by police officers involved in the arrests, and questioning the use of emergency powers invoked in Thomas’ arrest documents.
“The appearance of these emergency powers on the arrest documents for Hannah Thomas is very revealing and deeply concerning, considering that an Assistant Commissioner or above must have authorised their use and that they must have believed that a large-scale public disorder was about to take place,” she said.
She voiced concern that NSW Police were “engaging in reverse engineering evidence” in order to justify the violence used against Thomas.
“At no point over the last 10 days have any of the Police, the Premier, or the Minister for Police referred to public disorder, let alone large-scale public disorder,” Higginson said.
“What we have seen instead, is a series of statements from the Premier Chris Minns and Assistant Commissioner Brett McFadden that are inconsistent with the evidence from the day, evidence clearly shows that police officers acting above the law.”
In footage witnessed by CityHub, police officers can be seen tackling people to the ground, while others drag a woman calling out for help. An officer drags her away from the crowd by her neck, ignoring calls from picketers to “let go of her, please”. When they finally do release her, she doubles over, violently coughing for air.
Thomas sustained significant injuries during her arrest and underwent emergency surgery only hours after the protest. Speaking to the Sydney Morning Herald, Thomas said she was scheduled for a second operation this week, and may permanently lose vision in her right eye.
“I think I might lose half my eyesight, but if anything, I’ve doubled my resolve. I think I have complete moral clarity in what we’re doing,” she said.
Higginson said Thomas’ injuries are a direct result of the expansion of Chris Minns’ anti-protest laws, particularly the ban against protests near places of worship passed earlier in the year.
“Chris Minns was warned, each time he pushed ahead with further crackdowns on legitimate and peaceful protest, that handing more powers to the Police, powers that the Commissioners and Deputy Commissioners have said they don’t even need, that the result would be state endorsed violence against the community. Now here we are.”
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