Sydney Protesters Confront Legal Obstacles in Police Brutality Lawsuit
Protesters in Sydney are preparing to sue New South Wales police over alleged brutality during a rally against Israeli President Isaac Herzog's state visit, but they face significant legal hurdles due to an obscure 2009 law. The incident, which occurred on Monday, has sparked outrage and calls for accountability, with multiple individuals seeking legal advice for injuries sustained during the demonstration.
Injured Woman Leads Charge Against Police
A 69-year-old woman, Jann Alhafny, who suffered four broken vertebrae after allegedly being pushed violently by a police officer, is at the forefront of the legal battle. Her lawyer, Peter O'Brien, confirms she plans to sue the state of New South Wales for personal injury, highlighting the severity of the incident. Alhafny remains hospitalized, describing how she feared suffocation or a stampede after being knocked to the ground during the protest.
O'Brien states that Alhafny is one of at least seven protesters from Monday's rally who have sought legal counsel over alleged police misconduct. However, the path to compensation is complicated by Section 62 of the Major Events Act 2009, which suggests "compensation is not payable" for police actions during designated major events. The Chris Minns government classified Herzog's four-day visit as such an event, granting police additional powers.
Legal Challenges and Court Rulings
In a supreme court challenge on Monday, the Palestine Action Group argued unsuccessfully that the Major Events Act was improperly applied to Herzog's visit. Barrister Felicity Graham described it as a "square peg being sought to be shoved into a round hole." Despite this setback, O'Brien plans to challenge the designation again as part of Alhafny's case, asserting that legislation shielding state authorities from liability for criminal wrongdoing is inherently unlawful.
The protest turned violent when some attendees attempted to march to state parliament, defying anti-protest laws enacted after December's Bondi beach massacre. Police used pepper spray and kettling tactics to disperse the crowd after negotiations broke down. A NSW police spokesperson said the force was unaware of Alhafny's incident but is reviewing body camera and social media footage.
Multiple Allegations of Excessive Force
Other protesters have come forward with similar claims. A man featured in a viral video shared by Greens senator David Shoebridge, referred to as "white shirt man," was allegedly punched multiple times by officers and has sought legal advice. Ali Al-Lami alleges he was called a racial slur and punched in the head during his arrest, though he was released without charge.
Kefah Maradweh reports that her 16-year-old son, Nedal, was pushed, kicked, and restrained by police before being released without charge. She plans to file a complaint with the Law Enforcement Corruption Commission (Lecc), which has announced an investigation into alleged officer misconduct. Additionally, a Muslim man dragged from evening prayer during the protest is considering a civil claim after sustaining injuries.
Legal Coordination and Evidence Gathering
Lawyers, including Nick Hanna, are coordinating a legal response and gathering evidence from alleged victims and witnesses at a legal practice this weekend. Hanna emphasizes the need for a unified approach to challenge the police actions. NSW Police Commissioner Mal Lanyon has stated that all reported incidents will be internally investigated, urging the public to consider the full context rather than relying on short video clips.
Interpretation of the Major Events Act
Section 62 of the Major Events Act restricts compensation claims but includes exceptions for acts done in "good faith" and does not apply to personal injury claims. O'Brien believes Alhafny's case falls under the latter exception. Legal experts like Sam Lee from the Redfern Legal Centre note that the Act has not been thoroughly tested in this context, leaving room for interpretation by courts.
Lee explains that courts will assess what constitutes "good faith" based on factors such as crowd behavior and whether force was used against police. However, prosecuting officers for excessive force remains challenging, as noted by Associate Professor Dr. Vicki Sentas from UNSW, who highlights the role of the Office of the Director of Public Prosecutions and the Lecc in such cases.
Broader Implications and Government Response
The use of the Major Events Act for Herzog's visit, approved by the tourism minister rather than the police minister, is seen as unusual by some legal observers. Combined with post-Bondi public assembly restrictions, it gave police broad discretion to move people on, making legal contests difficult. Premier Chris Minns has denied that the special powers were intended to limit protesters' legal options, insisting they were for security purposes.
As the legal battles unfold, protesters and their advocates are determined to seek justice, despite the obstacles posed by existing legislation. The outcome could set a precedent for how police powers are exercised during major events in Australia, impacting future protests and civil liberties.
