‘Draconian’: Pro-Palestinian group mounts legal challenge to protest laws

Pro-Palestinian protesters argue that the Minns government did not have the power to designate Isaac Herzog’s visit to Sydney as a major event, and therefore block a protest against the Israeli president, a court has been told on Monday.

Mr Herzog touched down in Sydney on Monday morning ahead of meetings with community leaders, politicians and the families of the victims of the terrorist attack at Bondi Beach.

He has been invited by the Governor-General and Prime Minister in the wake of the December 14 massacre.

Anthony Albanese has defended the decision to invite Mr Herzog to Australia, saying it was made in the context of the terror attack and to support the Jewish community.

But protests by pro-Palestinian groups have been organised around the country, with one planned to begin at Town Hall and end at Parliament House in Sydney’s CBD on Monday afternoon.

NSW Police Acting Assistant Commissioner Paul Dunstan on Sunday urged protest organiser Joshua Lees, from the Palestinian Action Group, to continue negotiating with police.

Police have been granted additional powers after a “major event” declaration – the first of its kind for a visiting dignitary – was made by the Minns government.

The Palestine Action Group (PAG) launched 11th hour, urgent legal proceedings in the NSW Supreme Court to challenge the “major event” declaration, describing it as “draconian”.

“We’re not seeking any confrontation or conflict with police,” Mr Lees said outside the NSW Supreme Court on Monday morning.

“We’re calling on them to facilitate a fast, peaceful march from Town Hall to NSW parliament.”

The designation is usually used for music and sporting events.

The PAG was mounting the challenge on three grounds: that Herzog’s visit does not constitute an “event”, that the designation is unreasonable, and that is for an “improper purpose”, the group’s barrister Peter Lange SC told the court.

The court has been told that the PAG argues that in order for the declaration to be made, it requires that a time, location and who is participating in the “event” to be specified.

“It’s been put in the written submissions in chief that the act does not apply to political events as such,” Mr Lange told the court.

He argued that there were no tickets for the protest, such as there would be for major sporting and music events.

Justice Robertson Wright, who is overseeing the hearing, said that in its media release, the government said it was concerned with mourners and protesters crossing paths in a way that risks “conflict, violence or public disorder”.

He also noted that the government had not included Hyde Park in the exclusion zone, which would allow the march to go ahead in a large public space.

Justice Wright said it appeared the government’s motivation for making the major event declaration was “not suppression of protest but keeping two groups separate”.

He emphasised that Mr Lees and the group he represented sought to peacefully protest.

However, he said there were other elements in society that sought to carry out violence against Jews – as demonstrated by the Bondi terror attack.

“Other elements, who apparently don’t share those peaceful views, as demonstrated in December, and that gives rise to a security concern,” Justice Wright said.

Barrister Felicity Graham, who is acting for the protesters, argued there was no evidence that any mourners or Mr Herzog would be present at Town Hall on Monday evening.

She said the powers would be in force in Sydney at a time when Mr Herzog would be in Melbourne and Canberra.

“It’s inconceivable that parliament intended these extraordinary powers to be available to police officers, across almost the entirety of the CBD and the eastern suburbs for four days, even in circumstances where the evidence is that President Herzog will be in Canberra and Melbourne for some of the time that he is in Australia from the 9th to the 12th of February,” she said.

“So, on days where President Herzog is in Canberra or Melbourne, these powers will still be in force in Sydney.”

The hearing before Justice Robertson Wright continues.