Calls to drop charges as anti-protest laws struck down

Demonstrators arrested during a brutal police crackdown may have their charges dropped after a court lifted controversial protest restrictions.

The measures, rushed by the NSW parliament in the wake of the Bondi massacre, were implemented on February 9, when thousands-strong protests against the Israeli president’s visit descended into chaos.

Dozens of attendees were pepper-sprayed and beaten by officers; 27 were arrested and 10 were charged and brought to trial.

But a decision by the NSW Court of Appeal found the restrictions were unconstitutional and ordered the state to pay activist groups who filed a legal challenge.

This could cause prosecutors to drop charges, paving the way for others to file charges.

“The fact that these laws are now declared invalid is the nail in the coffin for these cases,” said lawyer Nick Hanna, after representing the Palestine Action Group in challenging the measures.

“It is inevitable that the cases filed against each person who participated in this protest will fail, and if they continue to trial, they will be found not guilty.

“It is time for the police to do the right thing and put an end to these investigations.”

The laws were passed after two gunmen opened fire on a Hanukkah event at Bondi Beach in mid-December, killing 15 people.

They gave the police commissioner the power to issue a declaration preventing residents from seeking permission for demonstrations in key areas of Sydney for up to three months after a terrorist attack.

This left protesters at risk of being arrested for obstructing traffic or pedestrian movements if they marched on the streets.

While these restrictions were in place during the protest, the event was also contained under a major incident declaration, which gave authorities the authority to clear the area at their discretion.

Mr Hanna acknowledged that the latter declaration could pose a problem for those seeking compensation.

“It’s not an insurmountable hurdle, but it’s certainly a challenge that shouldn’t be there, and it’s something we need to turn our minds to now that that challenge is gone,” he said.

“People who have broken bones, fractures, scrapes, bruises, and are out there peacefully protesting… there is a very reasonable expectation, both for them and for everyone who cares about democracy, that they will be compensated for that loss.”

If the courts rule in favor of the protesters, taxpayers could be forced to pay millions in potential civil liability lawsuits.

But Prime Minister Chris Minns was warned about the potential consequences of the restrictions by civil liberties groups, legal experts and politicians across the political spectrum in December, and Greens MP Sue Higginson said he should be held accountable.

The Prime Minister said the court’s decision was disappointing but argued the laws were necessary in the wake of Australia’s worst terror attack.