Magistrate rules it’s ‘unreasonable’ to ban Isaac Herzog protester from inner Sydney while on bail | Bondi beach terror attack
A Palestinian Australian man accused of disobeying police instructions during the Isaac Herzog rally in Sydney has had his bail conditions changed after a court ruled banning him from inner Sydney was “not proportionate”.
Eyad Shadid was one of 12 protesters charged after New South Wales police broke up a protest against the Israeli president’s visit to Australia last week.
Shadid was arrested near where a group of Muslim men were praying when he was caught by police officers.
The 25-year-old was charged with refusing to comply with police instructions and resisting or obstructing a police officer.
On Wednesday, lawyer Nick Hanna objected to Shadid being granted bail on the condition that he not enter City of Sydney council grounds unless for work or to attend court.
Hanna told Downing Center local court the ban was “unnecessary, unreasonable, disproportionate and inappropriate”. The lawyer said there was “real doubt” about whether police had ordered a lawful advance during the Herzog rally and told the court Shadid was not blocking a footpath or road at the time.
Police opposed the change on community safety grounds, arguing that Shadid was at risk of committing a crime in the future.
The prosecutor told the court this would “significantly weaken enforcement and compliance with the rules”. [Shadid] “Not to participate in any illegal protests.”
However, judge Bree Chisholm ruled that the situation was not proportionate, stating that Shadid should not commit further crimes and be of good behavior.
In his ruling, he noted that police claimed Shadid told an officer “dude, I’ll let you go” but Hanna previously said this was disputed.
Other protesters charged after the rally were also banned from entering the city of Sydney.
A protester is prohibited from attending “any rally or demonstration” while on bail. The 67-year-old man was accused of offensive behavior last week.
Shadid and two others, who have no criminal record, were also told they would breach their bail conditions if they attended an “illegal” protest.
The protester, 28-year-old Jace Turner, is not allowed to leave his home between 7pm and 6am.
Turner was charged with assaulting a police officer in the execution of his duty, causing actual bodily harm. The maximum penalty for the crime is seven years’ imprisonment.
Sydney-based lawyer Majed Kheir is representing some of the protesters.
“We have concerns that the police have been heavy-handed in enforcing certain bail conditions,” he said this week.
“Some conditions appear to target lawful behavior that does not necessarily raise bail concerns.”
Redfern Law Center deputy director Samantha Lee said it was vital that any bail conditions were not used “as a form of punishment in itself”.
The purpose of bail was to enable people to return to court without committing a crime or interfering with witnesses.
Lee said it was “harsh” to require that a person cannot participate in any protests while out on bail. Such conditions have previously been imposed on environmental activists in NSW.
Muslim leaders receive apology
NSW police commissioner Mal Lanyon has responded to a letter from the Australian National Imams Council expressing concerns about worshipers being forcibly carried by police at the town hall.
In his letter, Lanyon said: “I would like to reiterate that I apologize for any offense caused and that at no stage did the officers intend to offend members of the Muslim community.”
Prime Minister Chris Minns refused to apologize to the group and reiterated that view on Thursday.
“I have to be consistent in my views publicly and privately,” the prime minister told reporters.
“I would like to make it clear that we have had long, detailed and constructive discussions with the leaders of the Muslim community to sort out our personal relationships and also to ease and calm tensions in the community.”
Bankstown MP Jihad Dib, the only Muslim MP in the Minns cabinet, said on social media last week that the removal of worshipers was “compelling” and “deeply distressing”.
He said at the time: “Since last night, I have held direct discussions with the prime minister, the police minister and the police commissioner to raise the deep concerns of our community.”
Standing next to Minns on Thursday, Dib said his comments were not “criticism of the police.”
“There was a situation where things were not communicated. I believe it could have been handled better,” he said.
Dib said NSW police were “grumpy” with the protest organizers for not agreeing to the alternative march route.
Leading evening prayers at the town hall, Sheikh Wesam Charkawi said on Thursday that a public apology would no longer be enough. He called for a parliamentary inquiry into whether the state government influenced what happened at the protest.
Since last Monday’s protest, 12 Labor Party branches have passed motions condemning police behavior and the ALP government’s anti-protest laws.
Two branches – Padstow and King’s Cross – tabled motions challenging Minns and thanking the four Labor MPs who attended the anti-Herzog rally in Sydney.
“This momentum will continue to build with many more branches coming online in the coming weeks,” said Peter Moss, co-convenor of Labor Friends of Palestine.
He warned it could reach a “crescendo” ahead of Labour’s state conference in July.
