Sydney Protest Against Israeli President Sparks Legal Battles and Police Inquiry

A protest in Sydney against Israeli President Isaac Herzog's visit on February 9 has resulted in multiple legal actions, a police watchdog investigation, and ongoing debate about police tactics and legal frameworks governing demonstrations.

Background and Legal Context

The protest took place during President Herzog's four-day visit to Australia, which the New South Wales government designated as a "major event" under a 2009 Major Events Act. This designation granted police special powers, including expanded move-on orders and restrictions on marching without risk of arrest. A prior legal challenge by the Palestine Action Group against these special powers was unsuccessful.

Protest organizers had been offered an alternative route for a march by police but declined, aiming to reach Town Hall and State Parliament as sites of political expression.

Events at the Protest

Thousands of protesters gathered around Sydney Town Hall. According to multiple sources, the evening progressed with discussions between senior police officers and protest organizers regarding a march, which concluded without resolution. Some protesters then attempted to move onto George Street, where police formed a line, blocking passage and citing the Major Events Act.

A total of 27 individuals were arrested, with 10 facing charges of assaulting police. Nine protesters have since been formally charged.

Allegations of Police Force

Multiple instances of alleged police force have been documented:

"I was grabbed and punched multiple times by police officers after I raised my hands." — Derek Jones, 56, who sustained two broken ribs and a bruised lung.

Physical Force

Video footage shows Derek Jones being grabbed and punched multiple times by police officers. A separate video reportedly shows an officer kicking a protester. Another individual, Jace Turner, 28, was pushed onto light rail tracks and allegedly punched while restrained, and was charged with assault after biting an officer's finger.

Injuries

Jann Alhafny, 69, alleges she sustained four broken vertebrae after a police officer pushed her during the protest. She reported that other individuals fell on top of her while she was on the ground.

Pepper Spray

Police deployed pepper spray during the protest. Multiple individuals, including Guardian Australia reporters, reported being pushed against a car and sprayed.

Interference with Prayer

Wesam Charkawi and other Muslim worshippers were moved on during sunset prayers. The police commissioner later apologized, stating a senior officer had agreed to let prayers finish but the message was not conveyed.

Allegations by MP

NSW Greens MLC Abigail Boyd alleged she was punched in the head and shoulder by police officers.

Legal Actions

"The claim alleges an unprovoked assault." — Mark Davis, lawyer for Derek Jones

• Derek Jones is filing a personal injury claim in the NSW Supreme Court. His lawyer also plans to seek a judicial review to obtain documents on police orders and has called for criminal charges against the officers involved. Jones was not arrested or charged.

• Jann Alhafny is planning to sue the state of New South Wales for personal injury. Her lawyer states that Alhafny is among at least seven protesters seeking legal advice regarding alleged police misconduct. The legal process faces complications due to Section 62 of the 2009 Major Events Act, which suggests "compensation is not payable" for police actions during major events.

Watchdog Investigation

The Law Enforcement Conduct Commission (LECC) has announced an independent inquiry into violent clashes and alleged misconduct by NSW police officers at the protest. A spokesperson for the NSW minister for police and counter-terrorism confirmed cooperation with the LECC inquiry.

Official Responses

NSW Premier Chris Minns has described the police response as "proportionate" and stated that the protesters created an "impossible situation." He has also cautioned against judging police based on short video clips.

NSW Police Assistant Commissioner Peter McKenna stated that police actions were "justified," citing officers being threatened and assaulted.

The court ruling against the anti-protest law has led police to review 26 charges from the rally.

Expert Commentary

Law professor Luke McNamara, who participated in the protest, stated the police response was "disappointing" and that violent confrontations could have been avoided. He attributed the violence to "unreasonable conditions" imposed on protesters.

Associate Professor Dr. Vicki Sentas said the police response did not appear to meet the legal criteria for lawful use of force, suggesting there were "credible allegations of excessive police force."

Vincent Hurley, a former NSW police senior detective, commented that he would require context from "30 seconds before" each video clip to assess the incidents.

Police Use of Force Guidelines

The NSW police use of force manual, published by LECC in 2023, dictates that officers "should use no more force than is reasonably necessary" and are "personally responsible" for justifying any force used. The manual explicitly states that force must not be used to inflict punishment.

A redacted pepper spray manual from 2021 indicates its use for "protection of human life" or "controlling people, where violent resistance or confrontation occurs (or is likely to occur)."