NSW Supreme Court to hear police protest shutdown application for first anniversary of October 7 attack

Attempts to stop thousands of people attending Gaza-focused rallies and vigils on the anniversary of a terror attack against Israel might infringe upon human rights, activists warn.

The NSW Supreme Court will be asked to deem a rally scheduled for Sunday and a vigil planned for Monday as unauthorised.

With the events intended to mark the first anniversary of Hamas’s October 7 attack, police were not satisfied they could proceed safely and will present their application in Sydney on Thursday afternoon.

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Prime Minister Anthony Albanese backed the force on Wednesday, saying a protest shouldn’t go ahead on the same day the Jewish community mourned those lost in the terror attack.

While noting the right to peaceful protest, he highlighted the date marked the largest number of Jewish people murdered on a single day since the Holocaust.

“It would be seen as incredibly provocative. It would not advance any cause. It would cause a great deal of distress,” he said.

Amnesty International Australia and the NSW Council for Civil Liberties were among 40 groups that urged police to back down, saying prohibiting the rallies was a serious departure from the state’s responsibility to uphold the democratic right of protest.

Protesters march during a Pro-Palestine rallyProtesters march during a Pro-Palestine rally
Protests planned in Sydney over the long weekend will be challenged in court by NSW police. (James Ross/AAP PHOTOS) Credit: AAP

“The suggestion protests in support of Palestinian human rights make Jewish people uncomfortable or unsafe is an idea that itself encourages racism and social division,” Jewish Council executive officer Sarah Schwartz said.

Police cited safety concerns in a letter to organisers, including attendees likely exceeding the predicted 2000 attendees and a dozen planter boxes outside Sydney Town Hall.

About 1200 people were massacred by Hamas on October 7, according to Israel, while about 250 hostages were taken, with some still being held captive.

Its counter-attack in occupied Gaza has killed more than 41,000 people, according to Palestinian officials, with the majority of its more than two million residents facing starvation.

Israel has also heavily tightened its occupation of the West Bank, home to 3.3 million, the United Nations says.

Deputy opposition leader Sussan Ley said the intent to rally was “sickening” and a “vile reflection” on participants.

Rally organisers have said the events are set to be vigils to remember the thousands of Gazans killed.

NSW runs a protest permit system that allows participants to disobey laws about blocking roads or tramways unless the plans are overturned in court.

‘We have a right to demonstrate’

Sydney rally organisers said police hadn’t told them of a court challenge but described any bid to stop them as an attack on fundamental democratic rights.

“We have a right to demonstrate and we refuse to concede to political attacks aimed at detracting attention from the fact that the masses in this country oppose the Australian government’s complicity in this genocide,” Palestine Action Group said.

Police believed there were “high prospects” for conflict and illegal waving of flags for Lebanese militant group Hezbollah, as had happened at recent rallies in Sydney and Melbourne.

It’s understood seven witnesses will be called to give evidence at Thursday’s application, which is scheduled for 2pm.

A Hezbollah flag is seen during a Pro-Palestine rally for Gaza and Lebanon at the State Library of Victoria in Melbourne, Sunday, September 29, 2024. (AAP Image/James Ross) NO ARCHIVINGA Hezbollah flag is seen during a Pro-Palestine rally for Gaza and Lebanon at the State Library of Victoria in Melbourne, Sunday, September 29, 2024. (AAP Image/James Ross) NO ARCHIVING
A Hezbollah flag is seen during a Pro-Palestine rally for Gaza and Lebanon at the State Library of Victoria in Melbourne, Sunday, September 29, 2024. (AAP Image/James Ross) NO ARCHIVING Credit: JAMES ROSS/AAPIMAGE

A 19-year-old woman has meanwhile been charged with publicly displaying a prohibited terrorist organisation’s symbol at a rally in Sydney last Sunday.

Police said she had presented herself to officers on Wednesday after a public appeal and had been granted strict bail.

NSW Premier Chris Minns stressed almost every pro-Palestine rally over the past year had been peaceful but detailed his opposition to the planned events.

“This will be a difficult weekend for Sydney … obviously, tempers remain high,” he said.

NSW Premier Chris Minns speaks to the mediaNSW Premier Chris Minns speaks to the media
NSW Premier Chris Minns. Credit: AAP

Victorian Premier Jacinta Allan said people should not be protesting on October 7, a “very traumatic anniversary for all those involved in the conflict.”

‘Whilst everyone has a right to protest peacefully, groups should reconsider the need to protest next week in respect to the grief it will cause Jewish, Israeli, Muslim, Palestinian and Lebanese communities,” she said.

Victoria Police said Sunday’s rally would be monitored with a focus on keeping the peace and safety.

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