NSW Police Warn Herzog Protesters Will Be Arrested If Restrictions Are Breached

Police have warned those planning on attending a demonstration against Israeli President Isaac Herzog’s Australian visit next Monday that they will be arrested if they breach restrictions.

The Palestine Action Group have submitted a Form 1 informing police of their plans to march from Town Hall to NSW Parliament House on Monday evening, despite the continued restrictions on the approval of public assemblies following the Bondi terror attack.

Extended twice over the last month, the restrictions prevent the formal authorisation of protests, removing legal protections typically afforded to demonstrators, including exemptions relating to traffic obstruction and public order offences.

“What I fear is a large-scale public assembly with so much animosity could present a risk to community safety,” NSW Police Commissioner Mal Lanyon said on Tuesday.

Acting Assistant Commissioner Paul Dunstan said police have attempted to facilitate an alternate route for protest organisers that would see them march from Hyde Park to Belmore Park, but had met a stalemate.

“We are asking the organisers to work with us and to comply with the declaration so that a peaceful march can be facilitated safely,” he said on Friday.

“If you’re planning on attending the march at Town Hall on Monday night, know that there will be a large police presence and we will not tolerate any behaviour that causes obstructions to traffic and other pedestrians, or any behaviour that is intimidatory or harassing.”

Dunstan said that while demonstrators were permitted to assemble at Town Hall, if the group became too large and began to obstruct pedestrians or traffic, police will have “no choice” but to issue move on directives, and potentially arrest people who fail to comply.

“We do not want to be placed in a situation where we are arresting people,” he said.

“If people show up at Town Hall, if they breach the declaration, we will have to arrest people involved. That will not be on us.”

“Extraordinary legal liability” says MP

Greens MP and spokesperson for Justice, Sue Higginson, said the police presence poses a greater risk to public safety than the protesters.

“Anyone may lawfully attend this assembly, and police can only issue move-on directions to attendees if they can prove a serious risk to safety or an obstruction of traffic,” she said.

“Arresting someone just for attending a peaceful assembly is unlawful, the police must make very clear that they do not intend to breach the law.

“Commentary by the Police is deliberately chilling constitutionally protected political communication, by misleading and threatening people with arrest for exercising their lawful right to protest.”

Sydney-based civil rights groups, Palestine Action Group, Jews Against Occupation ‘48 and the Blak Caucus, last month announced their intention to formally challenge the legislated restrictions in court, arguing that premier Chris Minns is unfairly conflating the attack with the pro-Palestinian movement.

“If peaceful protestors are arrested on Monday, under laws that are currently facing a constitutional challenge, those people might be able to sue the state of NSW if the challenge succeeds,” Higginson said.

“This presents an extraordinary legal liability.”