Sydney Protest Aftermath: Police Use of Force Under Scrutiny
A series of legal actions are being prepared against New South Wales Police following the use of force during a protest against Israeli President Isaac Herzog's visit to Sydney on February 9. The state's police watchdog has launched an independent inquiry into the handling of the demonstration. Multiple individuals allege they were assaulted by police officers during the event, and at least seven are seeking legal advice regarding alleged misconduct.
Key Documents: A personal injury claim has been filed in the NSW Supreme Court by a man filmed being struck by police. A 69-year-old woman is planning to sue the state, alleging she sustained four broken vertebrae after being pushed by an officer.
What Happened at the Protest?
The protest took place under special legal provisions, including the application of the Major Events Act, which has since been challenged in court. Police formed a line to block protesters attempting to move onto George Street, deploying pepper spray and kettling tactics to disperse the crowd.
- Arrests: A total of 27 individuals were arrested.
- Charges: 10 people faced charges of assaulting police. Nine protesters have since been formally charged.
New video footage obtained by ABC News Verify provides an extended timeline of the incident involving Derek Jones, the man seen being struck.
Footage Timeline: The footage, shared by a protester, shows Jones among a group on George Street near Town Hall. At approximately the 1:07 mark, an exchange appears to occur between a bike squad officer and Jones. The officer pushed Jones, who grasped the bicycle before raising his hands. The officer then grabbed Jones's shirt and tripped over his bike, at which point two other officers began striking Jones.
Legal Actions and Allegations
Derek Jones Claim
Derek Jones, 56, is filing a personal injury claim in the NSW Supreme Court through his lawyer, Mark Davis of XD Law. The claim alleges an unprovoked assault.
- Injuries: Two broken ribs and a bruised lung requiring 8-10 weeks to heal.
- Context: Jones attended with his wife and states they were leaving when they stopped to observe events. He alleges he was pulled from the crowd and punched multiple times. He was not arrested or charged.
- Next Steps: Davis plans to seek a judicial review to obtain documents on police orders and has called for criminal charges against the officers involved. NSW Police stated they could not substantiate Jones's identity from the video.
Jann Alhafny Claim
Jann Alhafny, 69, is planning to sue the state of New South Wales for personal injury through her lawyer, Peter O'Brien. She alleges she sustained four broken vertebrae after a police officer pushed her during the protest. Alhafny reported that after she was allegedly pushed, other individuals fell on top of her while she was on the ground.
Other Allegations
- Ali Al-Lami alleges an officer punched him during his arrest.
- Jace Turner, 28, was pushed onto light rail tracks, alleges he was punched while restrained, and was charged with assault after biting an officer's finger.
- Nedal, 16, alleges he was pushed, kicked, and restrained.
- Jordan Ryan Hennessy and two Guardian Australia reporters report being pushed against a car and pepper-sprayed.
- NSW Greens MLC Abigail Boyd alleges she was punched in the head and shoulder by police officers.
Independent Inquiry and Official Responses
The Law Enforcement Conduct Commission (LECC) has announced an investigation into the violent clashes and alleged misconduct by NSW Police officers at the Town Hall protest. A spokesperson for the NSW minister for police and counter-terrorism confirmed cooperation with the LECC inquiry, stating it is the appropriate course of action.
Official Statements
- NSW Police Assistant Commissioner Peter McKenna: Stated police actions were "justified," citing officers being threatened and assaulted.
- NSW Premier Chris Minns: Defended the police response as "proportionate," noting police were "repeatedly confronted" by individuals attempting to breach the containment line. He also called for a full investigation and cautioned against judging police based on short clips.
- Police Commissioner: Apologized for an incident involving Muslim worshippers being moved on during sunset prayers, stating a senior officer had agreed to let prayers finish but the message was not conveyed.
Legal Context and Challenges
The protest occurred after the NSW government passed a law restricting protests in Sydney's CBD, which was later found unconstitutional. The court ruling has led police to review 26 charges from the rally.
The Major Events Act
The legal process faces complications due to Section 62 of a 2009 Major Events Act, which suggests that "compensation is not payable" for police actions during major events. The NSW government designated President Herzog's four-day visit as a major event. During a supreme court challenge, the police were listed as the "promoter" of the visit, and protesters were referred to as "spectators."
Legal Challenge: Felicity Graham, barrister for the Palestine Action Group, argued that the Major Events Act was improperly applied, but this was unsuccessful. Peter O'Brien, lawyer for Alhafny, intends to challenge this designation, stating that legislation which exempts a state authority from liability for alleged criminal wrongdoing is inherently unlawful.
Police had offered an alternative route for the march, which organizers declined, aiming for Town Hall and State Parliament as sites of political expression. One member of the Minns government acknowledged that the violence was a "pretty much an inevitable consequence" of the anti-protest law.
Police Use of Force Guidelines
The NSW police use of force manual, published by LECC in 2023, states that officers "should use no more force than is reasonably necessary" and are "personally responsible" for justifying any force used. It explicitly states that force must not be used to inflict punishment.
Pepper Spray Policy: A redacted pepper spray manual from 2021 indicates its use is for "protection of human life" or "controlling people, where violent resistance or confrontation occurs (or is likely to occur)." The manual also outlines "weaponless control" options, which can include punches or strikes for compliance or distraction, and encourages constant reassessment of force.
Expert Assessments
Legal experts have offered differing assessments:
- Professor Luke McNamara: Stated the police response was "disappointing" and attributed the violence to "unreasonable conditions" imposed on protesters.
- Associate Professor Dr. Vicki Sentas: Characterized available footage as a potential "case study in disturbing and unnecessary police violence," suggesting the response did not appear to meet legal criteria for lawful use of force.
- Vincent Hurley (former NSW police senior detective): Noted that police may have believed their force was justified, stating he would require context from "30 seconds before" each clip.