An independent inquiry has been launched by the police watchdog into the actions of New South Wales police during a recent protest in central Sydney against the visit of Israeli President Isaac Herzog. The demonstration saw clashes between police and protesters, leading to allegations of excessive force, multiple injuries, and 27 arrests. Legal and human rights groups have raised concerns regarding police crowd control tactics and the use of 'less lethal' weapons, while NSW Premier Chris Minns and senior police officials have defended the police response as proportionate.
The independent inquiry will scrutinize allegations of excessive force and misconduct by NSW police officers during the Sydney protest.
Background: Special Powers and Declined Routes
Thousands of individuals gathered around Sydney Town Hall during President Isaac Herzog's four-day visit, calling for him to face the International Criminal Court. Prior to the event, the NSW government designated Herzog's visit as a "major event," invoking special police powers under a 2009 Major Events Act. These powers included expanded move-on orders and restrictions on the ability of protesters to march without risk of arrest.
A challenge by the protest organizer, Palestine Action Group, against these special powers was unsuccessful in court. Police reportedly offered an alternative route for a march, which organizers declined, indicating their intent to demonstrate at Town Hall and State Parliament.
Confrontation and Clashes on George Street
Discussions between senior police officers and protest organizers regarding a potential march reportedly concluded without resolution. When some protesters attempted to move onto George Street, police formed a line, blocking passage and citing the Major Events Act. Footage indicates clashes occurred as some individuals attempted to breach a police containment line.
Specific incidents reported during the protest include:
- Physical Altercations: A new video provided by ABC NEWS Verify showed a man in a white shirt being pushed by a bike squad officer, grasping the bicycle, and then being struck by two other officers after the bike squad officer reportedly tripped. Other allegations include an officer kicking a protester. Ali Al-Lami was arrested for attempting to move the march forward and alleged an officer punched him. Jace Turner, 28, was reportedly pushed onto light rail tracks, allegedly punched while restrained, and later charged with assaulting an officer.
- Use of Pepper Spray: Police deployed pepper spray, affecting various individuals including photographer Xavier Diekman, a 10-year-old girl, legal observers, Jordan Ryan Hennessy, and Guardian Australia reporters.
- Use of Long-Range Acoustic Devices (LRADs): NSW Police confirmed an LRAD, described as a 'sonic weapon' by Associate Professor James Parker, was present at the rally. Police stated its purpose was to facilitate communication in noisy environments.
- Interference with Prayer: Wesam Charkawi and other Muslim worshippers were moved on during sunset prayers. The Police Commissioner later apologized for this incident, stating a senior officer had agreed to allow prayers to conclude, but the message was not conveyed.
Widespread Allegations of Injuries and Misconduct
Multiple individuals reported injuries or alleged misconduct during the protest:
- Jann Alhafny, 69, alleges she sustained four broken vertebrae after being pushed by a police officer. She is among at least seven protesters reportedly seeking legal advice.
- Nedal, 16, alleged he was pushed, kicked, and restrained.
- NSW Greens MLC Abigail Boyd alleged she was punched in the head and shoulder by police officers.
- Law professor Luke McNamara described witnessing footage of a man being repeatedly punched by police and a group of praying Muslims being "dragged away."
Expert Criticism and Human Rights Concerns
Policing experts and human rights organizations have voiced concerns regarding the police response:
- Law professor Luke McNamara characterized the police response as "disappointing" and suggested violent confrontations could have been avoided, attributing violence to "unreasonable conditions" imposed on protesters. He emphasized that physical force should be used sparingly.
- Associate Professor Dr. Vicki Sentas described available footage as a potential "case study in disturbing and unnecessary police violence" and raised concerns about "poor and dangerous crowd control." She stated the police response did not appear to meet the legal criteria for lawful use of force, citing "credible allegations of excessive police force."
- Emma Ryan, a critical criminologist, stated pepper spray should be reserved for extreme circumstances involving riots where lives are threatened.
- The Australian Democracy Network (ADN) and Grata Fund reported a "spike" in pepper spray use, documenting its deployment at 11 protests in 2023–24 compared to seven in the preceding five years. They noted at least five incidents of direct facial spraying, which they state is contrary to guidelines.
- Human Rights Watch called on the NSW government to investigate alleged excessive force.
- Human rights groups, including ADN, are advocating for reviews of police crowd control tactics and a shift towards de-escalatory approaches.
Official Defenses and Legal Ramifications
NSW Premier Chris Minns defended the police response as "proportionate" and supported controversial restrictions, including enhanced move-on powers and a ban on marching. He stated police were "repeatedly confronted" by individuals attempting to breach the containment line. NSW Police Assistant Commissioner Peter McKenna asserted that police actions were "justified," citing officers being threatened and assaulted.
A total of 27 individuals were arrested during the protest, with 10 facing charges of assaulting police, and nine protesters formally charged.
The NSW police use of force manual, published by the Law Enforcement Conduct Commission (LECC) in 2023, dictates that officers "should use no more force than is reasonably necessary" and are "personally responsible" for justifying any force used. It explicitly states 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)."
Challenges related to the Major Events Act are emerging. Peter O'Brien, lawyer for protester Jann Alhafny, intends to challenge the designation of Herzog's visit as a major event, arguing that legislation exempting a state authority from liability for alleged criminal wrongdoing is inherently unlawful. Section 62 of the Act states "compensation is not payable" for police actions during major events.
Independent Inquiry and Calls for Reform
The Law Enforcement Conduct Commission (LECC), the NSW police watchdog, has announced an independent inquiry into 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. Human rights groups continue to call for a review and potential ban of certain police weapons at protests.