Refugee activists have vowed to push forward with a deliberate protest this weekend regardless of the Supreme Courtroom prohibiting the occasion amid the COVID-19 pandemic.
Justice Michael Walton on Thursday night time granted a NSW Police utility for the rally to be declared a prohibited public gathering.
The rally, which is being organised by the Refugee Motion Coalition (RAC), is scheduled to happen at Sydney’s City Corridor on Saturday afternoon.
RAC organiser James Supple instructed the courtroom they had been anticipating a modest crowd of about 150 to 200 and that it might be held whereas observing social distancing guidelines.
However Justice Walton accepted arguments put ahead by Lachlan Gyles SC, appearing for NSW Police Commissioner Mick Fuller, who cited well being issues.
Justice Walton mentioned that public well being dangers didn’t “outweigh the rights of public meeting and free speech”.
Nevertheless Mr Supple mentioned the group was nonetheless planning to carry the rally and urged anybody attending to watch social distancing measures and well being tips.
“We’ll nonetheless be holding an occasion this Saturday, urging individuals to take part,” Mr Supple mentioned outdoors courtroom.
“Because the courtroom mentioned, it does not really make it unlawful to return to a protest, it simply offers the police extra powers.
“We’ll be doing the whole lot in our energy to make sure it is a secure gathering and urging individuals to point out some security concern for the coronavirus measures.”
Earlier within the day, Commissioner Fuller mentioned that anybody breaking a public well being order can be fined $1000, then requested to maneuver on and if they didn’t comply, they might be arrested.
NSW Police Assistant Commissioner Mick Prepared mentioned in an announcement late on Thursday night time that whereas he supported the train of free speech, the county was within the midst of an “unprecedented pandemic”.
“The danger to public security of those protests going forward is critical,” Assistant Commissioner Prepared mentioned.
“I need to be clear about this – if individuals select to interrupt the regulation and attend this protest, police is not going to hesitate to take the suitable motion in opposition to them.”
Gyles argued that the protesters had been taking part in “Russian roulette” provided that the present public well being order restricted gatherings of greater than 10 individuals and organisers couldn’t assure there wouldn’t be any transmission of the lethal virus.
He mentioned that NSW residents had made nice sacrifices all through the COVID-19 epidemic and RAC didn’t have a “golden ticket” to defy the principles.
“COVID-19 has taken a large emotional toll on many members of society,” Mr Gyles mentioned.
“Folks couldn’t go to funerals for his or her uncles, brothers, or lifelong mates, they have not been capable of go to kin in nursing houses.
“It is taken a major psychological toll on them and Mr Supple says ‘it is all good’ and he is ready to play Russian roulette.”
NSW Police had tried to persuade RAC to postpone the rally to a later date as soon as the coronavirus eased.
However the group’s lawyer Emmanuel Kerkyasharian SC rejected the plea, arguing it ought to be allowed as a result of they had been protesting the detention of refugees who had been being held in opposition to their will.
“Each day issues,” Mr Kerkyasharian instructed the courtroom.
“Are we speaking about six months down the observe, three months down the observe? These kinds of rights can’t be postponed.”