The NSW Supreme Court has ruled a planned Black Lives Matter protest in Sydney will not go ahead because it would endanger other members of the public and go against direct orders from NSW public health authorities.
NSW Supreme Court Justice Desmond Fagan delivered his ruling just after 8pm on Friday, saying that to allow the protest “would amount to a defiance of orders made by the government”.
He found it would be an “unreasonable proposition” to hold a rally when gatherings over 10 people are banned.
Event organisers told the court they could socially distance and provide the thousands of attendees with hand sanitiser but Justice Fagan said those measures were not sufficient to reduce the risk of coronavirus spreading.
“I cannot accept these proposals take place of the public health order which for the time being prohibits the gathering of more than 10 people,” Justice Fagan said.
He said he could not authorise the gathering of thousands of people when “others have been unable to attend funerals for loved ones.”
The court was asked to weigh the right of protesters to gather against the risks of spreading COVID-19 as NSW fights to keep the pandemic at bay.
More than 75 per cent of 10,000 respondents in a news.com.au poll today voted against the planned protests in Melbourne and Sydney.
But the Melbourne protest is still going ahead.
NSW Chief Health Officer Dr Kerry Chant earlier told the Court holding the rally “would increase the risk of community acquired transmission of COVID-19 and the seeding of clusters”.
The court heard that police received a notice of protest for about 50 attendees last Friday but on June 4 that number was changed to about 5000 people.
While giving evidence, event organiser Raul Bassi said he was “sure” he had initially mentioned to police that it was a possibility around 4000 or 5000 people could attend the event.
Police have argued in court that the protest shouldn’t be authorised because of the risk of spreading the virus and because current social distancing rules prevent mass gatherings.
NSW Premier Gladys Berejiklian said the protest would be a “flagrant disregard” of social distancing rules.
“All of us have given up so much and worked so hard to make sure we get on top of the virus,” the Premier told reporters on Friday.
“What this protest has turned into is a flagrant disregard of the health rules. We can’t afford to have exceptions for anyone.”
But indigenous organisers had vowed “we won’t stop”, regardless of the Supreme Court rules.
MELBOURNE PROTEST TO GO AHEAD
Organisers of Melbourne’s Black Lives Matter rally could face police fines under coronavirus rules, as authorities continue to ask protesters not to attend the civil rights protest.
Thousands of protesters are expected at the rally on Saturday, and Deputy Commissioner Shane Patton says if that happens, each organiser will be fined $1651 because of COVID-19 restrictions.
Fines could also be issued to individuals, according to a police statement.
“In the exercise of police discretion, those who intentionally break the law will be held to account,” the statement said.
Protest organisers Warriors of the Aboriginal Resistance stressed safety of the community was paramount while insisting the protest will go ahead as planned.
They asked attendees to wear masks, bring hand sanitiser and protest in groups of 20 while remaining 1.5m apart.
Protesters have also been encouraged to self-quarantine for a few weeks afterwards.
“Governments and police are trying to deflect from their responsibility,” WAR organiser Meriki Onus said.
“Protest is not a choice when so many of our people are murdered at the hands of police and prison guards.”
— with AAP
https://news.google.com/__i/rss/rd/articles/CBMipAFodHRwczovL3d3dy5uZXdzLmNvbS5hdS9uYXRpb25hbC9uc3ctYWN0L2NvdXJ0cy1sYXcvbnN3LXN1cHJlbWUtY291cnQtcnVsZXMtYWdhaW5zdC1vbi1zeWRuZXktYmxhY2stbGl2ZXMtbWF0dGVyLXByb3Rlc3QvbmV3cy1zdG9yeS8wNmI4MTFmODExZTkwYTMyNDA5MTcwODRmYTA5NmYzONIBpAFodHRwczovL2FtcC5uZXdzLmNvbS5hdS9uYXRpb25hbC9uc3ctYWN0L2NvdXJ0cy1sYXcvbnN3LXN1cHJlbWUtY291cnQtcnVsZXMtYWdhaW5zdC1vbi1zeWRuZXktYmxhY2stbGl2ZXMtbWF0dGVyLXByb3Rlc3QvbmV3cy1zdG9yeS8wNmI4MTFmODExZTkwYTMyNDA5MTcwODRmYTA5NmYzOA?oc=5
2020-06-05 10:02:30Z
CBMipAFodHRwczovL3d3dy5uZXdzLmNvbS5hdS9uYXRpb25hbC9uc3ctYWN0L2NvdXJ0cy1sYXcvbnN3LXN1cHJlbWUtY291cnQtcnVsZXMtYWdhaW5zdC1vbi1zeWRuZXktYmxhY2stbGl2ZXMtbWF0dGVyLXByb3Rlc3QvbmV3cy1zdG9yeS8wNmI4MTFmODExZTkwYTMyNDA5MTcwODRmYTA5NmYzONIBpAFodHRwczovL2FtcC5uZXdzLmNvbS5hdS9uYXRpb25hbC9uc3ctYWN0L2NvdXJ0cy1sYXcvbnN3LXN1cHJlbWUtY291cnQtcnVsZXMtYWdhaW5zdC1vbi1zeWRuZXktYmxhY2stbGl2ZXMtbWF0dGVyLXByb3Rlc3QvbmV3cy1zdG9yeS8wNmI4MTFmODExZTkwYTMyNDA5MTcwODRmYTA5NmYzOA
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