Black Lives Matter protesters lose last-ditch appeal to be allowed to rally in Sydney tomorrow - but organisers say the demonstration WILL go ahead
- NSW Court of Appeal dismissed last-ditch appeal for Black Lives Matter rally
- The Supreme Court prohibited Sydney Black Lives Matter rally from being held
- Organisers are urging people to gather in groups of less than 20 on Tuesday
- They will continue to march and risk jail time by going ahead with the protest
Organisers of a Black Lives Matter rally planned for Tuesday have lost their last-ditch appeal to allow the protest to go ahead, but are urging people to risk jail and march.
The New South Wales Court of Appeal on Monday dismissed a challenge which argued Justice Mark Ierace did not have the authority to prohibit the rally.
The judge on Sunday accepted the police argument that the possibility of community transmission of COVID-19 arising from the planned CBD rally on Tuesday made the event too risky.
NSW Police said the protest is 'unauthorised' and urged anyone thinking of attending to reconsider, while warning officers won't hesitate to take action if required.
Padraic Gibson is pictured left with Paul Silva, nephew of David Dungay Jr. Mr Gibson is the organiser of Tuesday's protest and still urges people to go despite it being rules as an 'unauthorised event'
The Sydney Black Lives Matters rally lost its status as an authorised assembly on Sunday, opening up demonstrators to arrest and fines for breaching coronavirus restrictions on mass gatherings (pictured, protesters outside the Supreme Court in NSW on July 23)
But organisers are now asking supporters to gather in groups of fewer than 20 in The Domain after failing to overturn the ruling.
'It's not illegal to have your lunch in a park in the city of Sydney still, even under the COVID-19 pandemic, if you keep your social distance and you don't gather in groups of 20,' organiser Paddy Gibson said.
'Don't stick in a group of more than 20.
'Stand on your own, stand in a group that's smaller than 20 as you would if you went to the park on any given day and you can listen to the speeches for justice.'
Mr Gibson said masks and hand sanitiser would be provided.
The appeal court, which will hand down its reasons as soon as possible, made no legal costs order after noting the challenge was a matter of public importance involving complex legislation.
Organisers previously said they planned to risk arrest and go ahead with the rally despite the ruling.
Rally organiser Padraic Gibson and Leetona Dungay, the mother of David Dungay Jr, speak to media after a failed Court of Appeal bid
David Dungay Jr (pictured) was due to be a major focal point of the protest on Tuesday - with protesters due to walk to Parliament House where a petition would be delivered calling for justice over his death
On Monday organisers delivered a petition signed by more than 90,000 people, calling for justice for Indigenous man David Dungay Jr, to state parliament.
Mr Dungay, a diabetic, died after prison officers stormed his Sydney jail cell in 2015 to stop him eating biscuits and his death was due to be a focal point of the protest.
The family of Mr Dungay have asked that people attending any gathering abide by COVID-19 safety protocols.
Nephew of Mr Dungay, Paul Silva, previously announced the rally will be going ahead regardless unless his uncle's death is re-investigated.
'If the premier can commit to asking Safework NSW and the DPP to investigate whether charges can be laid in relation to my Uncle's death I'm sure that we can put off the protest,' Mr Silva wrote on Facebook.
Black Lives Matter protesters are pictured marching towards Martin Place on July 16 in Sydney
Paul Silva, Nephew of David Dungay Jnr, speaks to the media during a press conference at the Supreme Court of NSW in Sydney
'I would like the premier to confirm that black lives matter in NSW by asking for that investigation, if she refuses then it just goes to show that no one cares about our lives and we will see you on Tuesday.'
Mr Dungay's mother, Leetona Dungay, said: 'We're still going to rally and we're going to rally until we get charges. I will rest after that.
'I'm going to walk strong and tall until the day I get justice.'
Speaking after the unsuccessful appeal, Mr Gibson said The Domain was 'massive' and urged people to go there in groups on Tuesday to eat their lunch and listen to speeches.
'We'll continue to raise our voices for justice before this family presents 100,000 signatures which have been put on a petition calling for charges to be laid on the guards,' he said.
Up to 1,400 people have said they will be going to the rally on Facebook while 3,400 others expressed interest.
Organisers have told attendees to register online to allow for contact tracing but NSW Police has warned that officers will be issuing fines.
https://news.google.com/__i/rss/rd/articles/CBMijAFodHRwczovL3d3dy5kYWlseW1haWwuY28udWsvbmV3cy9hcnRpY2xlLTg1NjM4MzUvQmxhY2stTGl2ZXMtTWF0dGVyLXByb3Rlc3RlcnMtTE9TRS1hcHBlYWwtcmFsbHktU3lkbmV5LW9yZ2FuaXNlcnMtc2F5LXRoZXlsbC1yaXNrLWphaWwuaHRtbNIBkAFodHRwczovL3d3dy5kYWlseW1haWwuY28udWsvbmV3cy9hcnRpY2xlLTg1NjM4MzUvYW1wL0JsYWNrLUxpdmVzLU1hdHRlci1wcm90ZXN0ZXJzLUxPU0UtYXBwZWFsLXJhbGx5LVN5ZG5leS1vcmdhbmlzZXJzLXNheS10aGV5bGwtcmlzay1qYWlsLmh0bWw?oc=5
2020-07-27 10:13:55Z
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