Sydney Protests Over Herzog Visit Spark Legal Challenges, Allegations of Police Brutality
A 69-year-old woman who suffered four broken vertebrae after allegedly being violently pushed by a police officer is planning to sue the state of New South Wales, highlighting a growing wave of legal challenges following Monday’s protests against Israeli President Isaac Herzog. Lawyer Peter O’Brien confirmed that Jann Alhafny, who remains hospitalized, is one of at least seven demonstrators seeking legal advice regarding alleged police brutality during the demonstration.
However, the path to legal redress may be complicated by a 2009 piece of legislation granting the government expanded powers for “major events.” Section 62 of the Act suggests that “compensation is not payable” for actions taken by police during such events, potentially shielding officers from liability.
The New South Wales government, under Premier Chris Minns, designated Herzog’s four-day visit as a “major event.” A recent Supreme Court challenge argued that the police improperly designated themselves as the “promoter” of the visit, labeling protesters as mere “spectators.” While the challenge, brought forth by barrister Felicity Graham of the Palestine Action Group, was unsuccessful, it underscored concerns about the scope of the Major Events Act. Graham argued the application of the Act was a “square peg being shoved into a round hole.”
O’Brien intends to challenge this designation again as part of Alhafny’s case. “We think that legislation that quarantines a state authority from any sort of liability associated with criminal wrongdoing is inherently unlawful,” he stated. Legal teams are coordinating a response and gathering evidence to support multiple claims.
Monday’s rally escalated after some protesters attempted to march towards state parliament, defying a recently enacted anti-protest law rushed through following the tragic Bondi beach massacre in December. Following failed negotiations, police dispersed the crowd using pepper spray and the controversial tactic of “kettling.” Alhafny alleges that after being pushed to the ground, she was further injured as others fell on top of her, fearing a potential stampede or suffocation. “[The officer] grabbed one arm, and he yanked me up on to my feet, like really severely, and that was excruciating,” she told Guardian Australia earlier this week.
NSW Police stated they were unaware of Alhafny’s specific incident but are reviewing body camera and social media footage. O’Brien affirmed they will pursue “to the full extent the compensation available,” with civil claims against police potentially ranging from $5,000 to $100,000.
Further fueling the legal scrutiny, a man featured in a viral video shared by Greens senator David Shoebridge on Instagram has also sought legal counsel. The video appears to show the man, dubbed “white shirt man,” being repeatedly punched by multiple officers. https://www.instagram.com/reel/C7Xw-J4v-9w/
Another protester, Ali Al-Lami, alleges he was subjected to verbal abuse – specifically called a “brown cunt” – and physically assaulted by an officer, sustaining a punch to the head. He was arrested but later released without charge. Kefah Maradweh plans to file a complaint with the Law Enforcement Corruption Commission (Lecc) regarding the alleged treatment of her 16-year-old son, Nedal, who she claims was pushed, kicked, and restrained by police before being released. The Lecc announced Friday it would investigate “incidents of alleged misconduct on the part of officers.”
A Muslim man who was allegedly dragged away from evening prayer by police during the protest has also retained legal representation, citing injuries sustained during the incident. His solicitor, Nick Hanna, is considering a civil claim against the police. NSW Police Commissioner Mal Lanyon offered an apology only “for any offence that may have been taken” regarding the incident. Hanna and other lawyers are gathering alleged victims and witnesses at a legal practice this weekend to coordinate a comprehensive legal response.
The effectiveness of Section 62 of the Major Events Act remains largely untested. While the section restricts compensation for actions taken in “good faith,” it does not apply to claims of personal injury. O’Brien believes this carve-out is applicable to Alhafny’s case. The Palestine Action Group’s unsuccessful challenge to the major event declaration centered on the argument that it was an improper attempt to suppress protest. The government maintained the invocation was for security purposes, a position supported by Justice Robertson Wright shortly before the protest began. The judge’s reasoning has yet to be published.
A ministerial briefing presented to the court revealed that police had considered Section 62 when advising on declaring Herzog’s visit a major event. Premier Minns has denied any intention to use the special powers to limit protesters’ legal options.
Legal experts note that the government’s application of the major event declaration for Herzog’s visit – under legislation intended for events of a “sporting, cultural or other nature” – is unusual, as the Act explicitly prohibits declaring a protest a major event. The decision was approved by the minister for tourism, Stephen Kamper, rather than the police minister.
The combination of the major events powers and a post-Bondi public assembly restriction declaration (Pard) has granted police “very broad discretion” to manage protests, making it “very difficult to legally contest … move-on directions,” according to policing law expert Associate Prof Dr Vicki Sentas of UNSW.
While Minns and Lanyon have urged the public to avoid drawing conclusions from short video clips, Sentas suggests that some police actions outside town hall appear “excessive and unreasonable and disproportionate” based on publicly available evidence. The question of “good faith” will ultimately be determined by the courts, considering the circumstances faced by each officer, the behavior of the crowd, and the use of force. Prosecuting officers for excessive force, however, will likely present a “quite a hurdle,” according to senior solicitor Sam Lee of the Redfern Legal Centre.
