A last-ditch court attempt to prevent police from using additional powers to curb protests against Israel’s president has failed.
Protest organizers Palestine Action Group launched legal action against the NSW government in the NSW Supreme Court after Isaac Herzog’s visit was declared a major event, but it was dismissed at a hearing on Monday afternoon.
The declaration gives the police additional powers to increase the number of officers deployed during the visit in the interest of public safety.
The NSW government said the additional powers would allow police to manage crowd safety, maintain separation between different groups and reduce the risk of confrontation in busy parts of the city.
The law allows the police, among other things, to order people to leave the designated large event area and to search anyone who wants to enter the area or is already in the area.
Protesters argued that calling the visit a major event was too broad, as there are no specific participants or spectators, and the geographic area is too large.
Protests are planned throughout the country
The head of state began his official visit to Sydney on Monday at the invitation of the Albanian government after the Bondi terror attackwhich focused on a Jewish Hanukkah celebration on December 14th.
Herzog will meet with politicians and leaders of the Jewish community, some of whom say the figurehead’s visit will bring great comfort.
Israeli Prime Minister Benjamin Netanyahu is subject to an arrest warrant from the International Criminal Court, but Herzog is not the usual immunity is granted under international law as a visiting head of state.
Josh Lees of the Palestine Action Group – whose group did that was at odds with the police about the planned location for Monday’s protest — spoke to reporters Monday before the decision was made.
“We are expecting thousands and thousands and thousands of people… remember the protests happening here in Sydney are part of a national day of action,” he said.
Protesters had previously insisted they would gather at Sydney Town Hall before marching to the NSW Parliament, while police urged them to move the event to nearby Hyde Park.
According to the major events statement, those who do not comply with NSW Police directions will face fines, including fines of up to $5,500.
Protests against Herzog and his official visit to Australia are planned in all capitals and several regional centers.
The protests will be “massive” yet “peaceful,” Lees says
Following the failed legal challenge, Lees told media that protests across the country will be “massive” and also “peaceful.”
“We are going to City Hall for a large-scale protest that is happening all over the country, in about 30 cities,” he said.
“That will be a peaceful protest.”
Hundreds of people gathered at City Hall for the protest, amid a heavy police presence.
“We have spoken to police, and we will continue to speak to police and call on them to facilitate the march we would like to have from City Hall to NSW Parliament,” Lees added.
What was argued in court?
Lawyers for the protesters told the NSW Supreme Court that the government’s declaration was too broad and did not meet legal requirements because it did not specify participants and the geographical area was too large.
The scope of police powers was illustrated in a hypothetical submission by barrister Peter Lange SC.
“A stereotypical lawyer can be searched without a warrant because he is in the eastern suburbs,” he said.
“If he refuses to submit to a search… he may be excluded from the area where he lives.”
Government lawyer Brendan Lim SC argued that this scenario was not useful in assessing whether protesters were the intended targets of the statement.
“[It is] a distorting hypothesis that serves no purpose… there is no attempt to focus on the consequences for the plaintiff,” Lim said.
He argued that the declaration was not made to suppress Monday night’s protest, but to move it to Hyde Park, where the Palestine Action Group has held hundreds of rallies.
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