A gathering of up to 50,000 people in a Sydney park before a march across the city’s harbour bridge would pose “significant public safety risks” regardless of whether the event is authorised or unauthorised, a judge has been told.
The plans for this Sunday, by a pro-Palestinian advocacy group, are at the centre of a legal challenge by NSW Police, with rally organisers insisting the march would send a “powerful message” about the ongoing situation in Gaza.
Supporters gathered outside the state’s Supreme Court in the lead-up to a hearing on Friday, where police called Acting Assistant Commissioner Adam Johnson as a witness.
Rally organisers say the march would send a “powerful message” about the ongoing situation in Gaza. (ABC News: Jack Fisher)
The court had attempted to organise an overflow room for observers, after the judge was told about 80 people were waiting outside the courtroom to get in.
Under cross-examination by barrister Felicity Graham, representing the organisers, Acting Assistant Commissioner Johnson insisted he had public safety concerns about the event.
“Imagine a scenario where the public assembly remains authorised. In that situation are you saying police would not facilitate safe conduct of the event?” she asked.
“We would always do our best to ensure public safety, but in these timeframes, no. We’d be unable to guarantee public safety,” he replied.
Acting Assistant Commissioner Johnson told the court the bridge would still need to be closed if the gathering was authorised.
“It’s a certainty that a very large group of people attend even if the public assembly is not authorised, do you agree?, Ms Graham asked.
“It’s a possibility,” the witness replied.
Minns criticised by own MPs over opposition to harbour bridge protest
He also raised the plans for attendees to first gather at Lang Park, situated on the corner of York, Grosvenor and Lang Streets, and approach the harbour bridge.
“Fifty thousand people at Lang Park, whether it’s authorised or unauthorised, has significant public safety risks, significant. Crowd crush, and I am personally concerned about that.”
He added that Lang Park was an “unsuitable location” because it is not a large area and at the moment a grassed portion is fenced off, with the capacity being “very, very limited”.
“We can’t have people spilling onto the roadway and blocking the roadway and footpaths,” he told the court.
Ms Graham asked: “Let’s say 50,000 people gather in and around Lang Park. What will police do in response?”
The witness responded: “We have to manage public safety, and it will be a real challenge whether it’s prohibited or not prohibited. It’s not suitable, the location.”
Bridge march would send ‘powerful message’, court told
NSW Police are seeking a prohibition order over the event, which would not ban people from attending and participating, but would mean that those who did participate would not be afforded protection against offences such as blocking roads or traffic.
Just before the hearing began, Josh Lees from the Palestine Action Group told a crowd of supporters and media that the crisis in Gaza had not abated and there is an “urgent and horrific situation”.
Josh Lees from the Palestine Action Group says the bridge march is about doing “something bigger”. (ABC News: Abbey Haberecht)
“It’s why we called it over the harbour bridge, because we need to do something bigger than what we’ve already done,” he said.
“The bridge is important because this is an iconic symbol in Australia and we know a mass march over our Sydney Harbour Bridge will send the most powerful message we possibly can.”
Mr Lees said the bridge had been shut previously for “much less significant reasons”, including for a movie to be filmed, and said an argument that a closure requires more planning time didn’t add up.
“We all know whenever there is a significant accident on the harbour bridge, it is shut down at a moment’s notice.”
He said the plans had attracted “unprecedented support” and claimed NSW Police had not accepted alternative plans the group suggested, including delaying the event for several weeks.
“Not now, not ever is their stance,” he said.
Before the court case, Premier Chris Minns said the government recognised that thousands of people wanted to protest and was not questioning the motive.
“The last thing we want, and the last thing police want is chaos in Sydney streets,” he said.
“We recognise people want to protest, we’re hopeful depending on the outcome of the court case this afternoon, common sense can prevail and people are given an opportunity to express their voice.”
The court hearing, before Justice Belinda Rigg, continues.
