ANALYSIS: By Wendy Bacon

Many who witnessed the horrific police violence in Sydney’s CBS on the evening of February 9 say they had never seen anything like it before.

After a week of broadcasts of police “kettling”, viciously assaulting and pepper spraying peaceful protesters, the NSW Law Enforcement Conduct Commission (LECC) announced an independent investigation into the police conduct.

It will examine the policing operation as well as individual cases of unlawful policing.

One of the matters LECC should investigate is which politicians and senior police were involved in organising a massive increase in available police powers shortly before Herzog’s arrival, and what instructions were given to police on the ground about those powers.

The legislation that was used is a little-known act called the Major Events Act 2009, under which the NSW Minister for Tourism, Stephen Kamper, approved a new regulation which transformed Herzog’s visit into a “major event”.

Major Events Act
The objects of the Act are to bring “benefits” to spectators and enhance NSW’s reputation for holding events. The Act grants special powers to plan and regulate major events, including shutting off access to areas, searching people, and using “reasonable force” to compel citizens to comply with directions.

It relieves the state of most liability for damage caused in the exercise of these powers.

The powers have the potential to severely impact the exercise of citizens’ political rights, which is probably why the Act includes a section that a political protest must not be declared a major event. The Act is designed to cover events of a “sporting, cultural or other nature”.

These police powers triggered the lack of restraint witnessed last Monday. This does not mean that police actions were lawful, but that these were the powers under which they thought they were acting.

As one constable who was part of two lines blocking protesters from entering Town Hall Square said when questioned, “I heard something about a major event.”

Court challenge failed
The new regulation was announced on Saturday, February 7, just 48 hours before Herzog arrived.

The Palestinian Action Group (PAG), represented by Hanna Legal, had 24 hours to challenge the regulation.

PAG’s case was that the regulation was “unreasonable”, “disproportionate” and was created for an improper purpose of suppressing protests. Within an hour of NSW Supreme Court Justice Robertson Wright dismissing the challenge, NSW Police were already using the Major Event powers.

Before dismissing the Palestinian Action Group challenge on Monday, Justice Wright said that he found both sides’ arguments persuasive and that it was difficult to decide. But there was no hint of uncertainty in his judgment, which adopted almost all of the NSW government’s case.

The judge, who is near retirement, was described on his appointment as “a soldier, a historian and a gentleman”. His reasons were not published until two days later.

By that time, protesters had been violently flung to the ground while praying, and hundreds had been trapped and assaulted in Town Hall Square. People were blinded or choked with pepper spray. Others had been hospitalised with broken limbs or bleeding wounds.

Journalist and filmmaker James Ricketson, 76, had been injured in an assault by six officers and held in a cell for five hours without water before being released without charge. Videos of NSW police punching people had gone viral around the world.

Premier Chris Minns, Minister for Police Yasmin Catley and Police Commissioner Mal Lanyon defended the police actions as “reasonable” in the circumstances.

Not a political event?
Few would disagree that Herzog’s visit to Australia was the key political event of last week. Yet key to the judgment was Wright’s determination that the Herzog visit wasn’t.

Before he arrived, Herzog defined the purpose of his visit as rebuilding Australia’s relationship with Israel. He brought a top-level delegation from Jewish national institutions with him. This was in evidence before the judge.

Also in evidence was the fact that Chris Sidoti, who had sat on a UN Commission of Inquiry that found Israel was committing genocide in Gaza and that Herzog had incited it, had called for his arrest in Australia.

But Justice Wright found that politics was not a “defining” or “dominant” purpose for the visit and that it was a “cultural event”.

Herzog’s tour did have cultural aspects, such as a trip to Bondi to meet victims of the December massacre and visits to a synagogue and school. But Herzog and Zionist leaders also consistently stressed that an important purpose was to encourage the Australian government to stand with Israel.

The act has never been used for a foreign dignitary visit before or at such short notice.

Until last week, no one would have imagined that this law would be used to enable police violence to be unleashed on peaceful citizens protesting against a controversial visit by a foreign head of state.

But a bright idea by the NSW Police changed this.

Police concerns
As public opposition to Herzog’s visit grew and likewise support for a peaceful march from Town Hall to Parliament House during Herzog’s visit, senior police became concerned that the new anti-protest law passed on December 23 might not be sufficient to stop a big march in Sydney.

The ban over most of the CBD and the Eastern Suburbs was extended on February 2. On the same day, according to evidence tendered in last week’s court case, NSW police advised the government that the Major Events Act, with its extensive powers, could help avoid any risks to Herzog during the visit, advising “Police will be empowered to address any behaviour which poses a security threat or risk to the Presidential Visit.”

It is worth noting that nothing was ever planned at the protest related to a security threat or risk to Herzog. That was also in evidence.

The Cabinet office then prepared a minute setting out arguments, including ones for and against protests, for the Minister for Tourism Kamper to consider before making his decision. He was then told to sign but not date his recommendation, which was agreed to by the NSW Executive Council and gazetted on Friday, February 6.

In arguing that the regulation had been declared for the improper purpose of suppressing protests, PAG’s barrister Felicity Graham relied on the timing of events and material in the Cabinet minute. She also relied on Premier Chris Minns’ media conference on Saturday, February 7, in which he announced the “Major Event”.

Minns talked about 3500 police, fines of more than $5500 for disobeying directions and needing to prevent “the clash of mourners and protesters”. The latter seemed to be an idea of Minns’ own making because there was never any plan for protesters to be near mourners.

Suppressing protests to keep us safe
Justice Wright agreed that it would be improper for the purpose of the regulation to be the suppression of protests. But he found that protests could be suppressed if it was consistent with the goal of facilitating “safety and crowd control” and that there was no intention on the part of the Minister or any other relevant person to “adversely affect any protest or right to protest except to the extent reasonably appropriate to facilitate the conduct of the visit”.

He agreed that there was no evidence that the protest would interfere with the President, but found that it did not matter.

When PAG’s barrister Felicity Graham argued that the powers in the Regulation could lead to unjust treatment of citizens, even those who were not protesters, the judge appeared mildly exasperated.

He assumed that officers act “reasonably”.

That turned out to be wildly optimistic. If the purpose was to keep us all safe, it had the opposite effect.

PAG is considering an appeal. The event is over, but there are many potential cases against the police, and the Act restricts liability and compensation. It might also be possible to raise implications of the Major Events Act on “freedom of expression”, which was not attempted in the short one-day hearing.

A protest was held near Parliament on Friday evening with a speech delivered from her hospital bed by a woman who suffered broken vertebrae: “We will not be silent. He [MInns] needs to take full responsibility for this and the laws that were passed. The police who did it need to take responsibility.”

If the Major Events Act can validly be used in protests, it needs reform. Imagine if the UN decided to hold a major climate conference backed by fossil fuel interests in Sydney? The whole city could be shut down to protesters.

Accountability for this disaster must start at the very top and run through to the police on the ground.

Wendy Bacon is an Australian investigative journalist who was professor of journalism at the University of Technology Sydney (UTS). She worked for Fairfax, Channel Nine and SBS and has published in The Guardian, New Matilda, City Hub and Overland. She has a long history in promoting independent and alternative journalism. She is a long-term supporter of a peaceful BDS movement and the Greens. This article was first published by Michael West Media and is republished with permission.

Article by AsiaPacificReport.nz

The violence surrounding protests against the visit of Israel’s president was not an accident of crowd control. It reflects a deeper political failure – where authority suppresses dissent rather than confronting uncomfortable truths about Gaza, protest rights and democratic responsibility.

In official explanations of violence outside Sydney Town Hall on Monday evening, February  9, it sounds as though police were only trying to maintain public safety through various professional measures taken against the thousands outraged that President Isaac Herzog of Israel, charged with incitement to commit genocide, should be in the country.

Those explanations are false. Behind the extensive police powers to control and suppress protest lies a cancerous-like cowardice, facilitated by a cornered Prime Minister and by an Israeli sympathising, authoritarian NSW Premier.

Cowardice can be nurtured by pleasure in dominating, by fear of losing control, by being frightened to face truths, by deceits in pretending that all is well when it manifestly is not.

Restricting protests in order to stifle concern about slaughter in Gaza and the West Bank, or the PM asking the Australian public to “turn the temperature down” so that justifiable outrage about the Bondi massacres will deflect attention from an ongoing genocide in Palestine, is a cowardly technique.

And the PM is not the worst offender, even though government cowardice began when wedged by the Zionist Federation into supporting their invitation to the Israeli President.

Who runs the show you might ask?

Suppression-oriented Premier Chris Minns delegates responsibility for his anti-protest laws to the chief of NSW police who is happy to oblige. In and out of uniform, cowards appear as strong men, usually men, who like to manhandle or beat up people.

There is no manliness in the police thuggery witnessed in Sydney streets on Monday.

Facile Premier Minns – or is he just naive – with no recognition of his own hypocrisy, says on Tuesday’s news “NSW police are not punching bags”. His holier than thou stance is shown alongside a man held down by police who are punching him repeatedly in the kidneys.

We then switch to the Prime Minister, Anthony Albanese, in Federal Parliament describing police action in general, “what the police were trying to do was sensible”.

As if thuggery on one man is insufficient, other police punch Greens MP Abigail Boyd in the head and shoulder, knock her over and are completely indifferent to her explanations of who she was and the civil and legal reasons for her presence at a legitimate, peaceful protest.

Cameras switch to police apparently unaware that their presence increases conflict, comprehending little, annoyed, then angry at the sight Moslem citizens in prayer on public pavements.

Then we witness no rationality, no civility, only the raw emotions of cowards not getting their way. The men kneeling in prayer are seen being picked up, removed and thrown aside. We’ll never know if deep-seated prejudice affected police conduct, but the question should be raised.

On Tuesday, the mood of thuggery on the streets moved to the House of Representatives when a Greens MP Elizabeth Watson-Brown inquired of the Prime Minister whether the invitation to the President of Israel had undermined the unity of the country, whether the PM would condemn police violence and send Herzog home.

In response, before the Prime Minister could answer, the opposition benches found a unity which had eluded them for months.

United in their apparent support for Israeli slaughter in Gaza, wanting to be seen to be brave in their dislike of protest about Herzog, and apparently unable or unwilling to know much about genocide continuing during a ceasefire, one of the esteemed members of the newly reformed Coalition, was heard to advise colleagues as to how to deal with the Greens MP.

“Rip her apart,” he was reported as saying. It sounds as though this was exactly what he said. Asked by the Speaker to withdraw his comment, the offending MP did so.

But further support for cowardice camouflaged by thuggery was not far away. Keen to revive his image as macho man at large, former Prime Minister Tony Abbot recommended that police accused of punching protesters should receive a commendation and in future be armed with tear gas and be able fire rubber bullets.

Abbot would never regard himself as a coward but when denial of the existence of a genocide, a failure to face truths, is being multiplied by cowardice evident in acceptance of authoritarianism as the way to conduct politics, policing and even techniques for debate, there should be cross party and widespread public concern.

To meet the Prime Minister’s requests to lower the temperature, the country needs to replace the cowardice with sufficient courage to admit the truths about a genocide, the truths about the values of freedom of speech and the right to protest.

Cowardice may be disguised by violence but is demeaning.

Courage is a way to speak truths. Courageous action can be mentally and physically life enhancing, encourages justice, depicts what Bertolt Brecht called “the bread of the people” and in current Australian culture could infect almost everyone and lower the temperature. Try it.

Dr Stuart Rees AM is professor emeritus at the University of Sydney and recipient of the Jerusalem (Al Quds) Peace Prize. This article was first published in Pearls and Irritations: John Menadue’s Public Policy Journal and is republished with permission.

Article by AsiaPacificReport.nz

Amnesty International Australia has condemned the “unnecessary and disproportionate” and “shocking” use of force by the NSW police against peaceful protesters demonstrating against the visit of Israeli President Isaac Herzog to Australia.

In a statement, it said the human rights organisation strongly opposed the unnecessary and excessive force used by police, and called for an urgent, independent investigation of police conduct.

“The rights to freedom of expression and assembly are protected under international law,” the statement said.

“As a state party to the International Covenant on Civil and Political Rights (ICCPR), Australia has a clear obligation to respect and uphold these fundamental human rights — this includes facilitating people exercising their right to peaceful protest.”

At least 10,000 people gathered in the Sydney Town Hall Square — although other sources said thousands more were prevented from joining the main demonstration — to protest against Israeli President Isaac Herzog’s four-day visit and to demand justice and accountability for the political leader.

In an earlier statement, Amnesty International said the Israeli President who Amnesty, the International Court of Justice and the UN Independent Commission of Enquiry had determined had overseen and directly incited genocide against Palestinians in Gaza, resulting in more than 70,000 deaths, should be investigated.

At Monday night’s protest in Sydney, at least 27 people were arrested, and many suffered from and were subjected to extreme and unnecessary police violence.

Police targeting
Amnesty International Australia said it was “deeply alarmed” by reports of police targeting already vulnerable and marginalised communities.

“First Nations Peoples, Muslim worshippers and leaders, as well as elderly protesters, were among those subjected to police use of force, including the use of pepper spray, police on horseback charging into crowds, and officers boxing protesters in with no avenue to safely disperse before launching attacks.

“The right to protest is protected under international law. What we witnessed last night was a serious assault on those rights and a deeply troubling display of State-sanctioned violence.”

— Amnesty International Australia’s Occupied Palestinian Territory Spokesperson,
Mohamed Duar

“Scenes of police officers using excessive force on Muslim worshippers who were peacefully praying are shocking,” it said.

Amnesty called for accountability and for the protection of freedom of religion. Protesters who had their hands raised and were clearly surrendering were subjected to punches and disproportionate force.

Amnesty activists and supporters, including teenagers, sustained injuries after being surrounded by police at Sydney Town Hall and prevented from leaving, before being charged from all sides.

The excessive use of force by police occurred against the backdrop of recent rushed protest laws passed by the NSW Parliament.

Amnesty warned that these laws risk criminalising peaceful protest and enabling arbitrary and discriminatory enforcement, particularly against vulnerable and marginalised communities.

“The events of last night demonstrate that our fears were well-founded,” the statement said.

‘State-sanctioned violence’
Amnesty International Australia’s Occupied Palestinian Territory Spokesperson Mohamed Duar said: “The right to protest is protected under international law. What we witnessed last night was a serious assault on those rights and a deeply troubling display of state-sanctioned violence.

“Police brutality and the use of excessive force by police have no place in Australia.

“Law enforcement officials should be protecting people’s right to protest, not violently suppressing peaceful protest and harming those demonstrating.

“As Australia rolled out the red carpet for Isaac Herzog, tens of thousands of people took to the streets to demand accountability for the genocide he has incited and overseen against Palestinians over the past two years.

“The NSW government is more concerned with punishing those protesting genocide, occupation and apartheid than those responsible for these war crimes.”

Article by AsiaPacificReport.nz

NSW Premier Chris Minns is sounding even more defensive after videos of NSW police violence towards peaceful protesters in Australia went viral — including attacks on Muslims praying in Sydney’s Town Hall Square after the rally on Monday.

His “primary concern”, he told ABC TV, was to prevent the gathered protesters opposing war criminal Israeli President Isaac Herzog’s visit from finding out that Herzog was in the city — around the corner, at the International Convention Centre at Darling Harbour.

“We can reveal this morning that we had 700 Jewish mourners in the city at the same time, and at the same location, and police had to keep them separate from protesters; if those police lines were breached, it would have been far, far worse,” Minns said.

The fact that Herzog was nearby was hardly a secret. Everyone knew, given the number of barricades and no-go zones that had been established over the previous few days.

We also knew Herzog was in Bondi and no public protest had been planned for that.

Minns’ comments were dishonest and cruel justifications for police violence.

Town Hall Square, the assembly point, was already starting to fill by 4.30pm, an hour before the protest was due to start. By 5.30pm, it was jam packed, including with many Jewish Australians and Arab Australians.

First Nations speakers
The programme included First Nations speakers, former Australian of the Year Grace Tame, NSW Greens Senator Mehreen Faruqi and Labor MP Sarah Kaine (who was heckled because of federal and state Labor governments’ support for genocidal Israel).

The speeches focused on Herzog, why we oppose closer relations with Israel and Minns’ draconian new anti-protest laws, which give police new powers.

The atmosphere at the beginning was peaceful — except for the 3000 police that surrounded Town Hall Square, including snipers, and stretched across CBD blocks.

The police “kettled” the rally — a tactic designed to intimidate and make it easier to unleash force. Without warning, they started to tear-gas people who were kettled — and therefore with no escape route.

Older and young people alike were crushed by the police kettling and pushing, leaving some in agony unable to breathe and others on the ground covered in blood.

Minns justified this approach, saying “most protesters had dispersed . . .  but a small number didn’t”.

That is not true.

Repeatedly tear-gassed
Hundreds, if not thousands, of people were trying to disperse when the tear-gas order was given. People were tear-gassed repeatedly, when they were already on the ground. I, along with hundreds of others, was gassed with no escape route to move away.

Minns has repeatedly implied that protesters wanted to wreak havoc with Jewish mourners — without a shred of evidence.

No speaker asked the large crowd to do this; at no stage was violence suggested.

Anti-Herzog protesters may not agree with those welcoming Herzog, but our protest was against war criminal Herzog, the genocidal state he represents and Minns’ anti-freedom of speech and assembly laws.

If Minns and PM Anthony Albanese truly had Jewish Australians in mind after the Bondi terrorist attack, they would know that Jews are not one homogenous whole in their political views on Israel.

Yet the governments decided to go with the Zionists’ demands to invite Herzog and align themselves to the genocidal state of Israel.

Among the 30,000 people who felt they had to come to this protest were anti-Zionist Jewish Australians, who say Minns and Albanese do not speak for them.

Set up to be ‘tinderbox’
Minns said the “circumstances were a tinderbox”. That’s only because he, calculatedly, set it up to be.

His actions provoked hate and division and further tore apart social cohesion. How else do you explain police attacking a group of Muslims praying? He would not stand for Jews or Christians being attacked in the same way.

Minns’ ridiculous appeal to look beyond the viral social media clips of police violence and “bind up the wounds” shows he has completely lost the plot.

Minns should resign. He is not fit for the job and needs to be held to account.

Pip Hinman is a long-time anti-war activist and member of the Socialist Alliance. This article was first published by Green-Left and is republished here with permission.

Article by AsiaPacificReport.nz

Dear Premier Chris Minns

I was arrested outside the Sydney Town Hall on Monday evening charged with assaulting a police officer.

During my violent arrest I sustained several bloody injuries. I can barely walk today and my right kidney hurts very badly as a result of its being punched. Or perhaps I have a cracked rib?

The demonstration was pretty much over when the police, backed up by eight or so fellow officers on horseback, started to aggressively push the crowd south, into an already very crowded space. I have witnessed this tactic before — used by police to generate a violent retaliatory response.

Up until then the police had been calm and respectful of we demonstrators. Then, they changed and became violent, as the footage you would have access to makes clear.

Clearly, someone in the chain of command instructed the police to create chaos and violent confrontations in order to retrospectively justify the large police presence yesterday, to use as evidence in support of the banning of future demonstrations, and in the hope that the media will play along and hold we demonstrators responsible for inciting violence.

Was it you who issued the edict to foment violence or someone else in the chain of command?

After 5 hours in a police cell with no offer of water or medical attention for my various injuries I was released without charge — the “assault police officer” allegation having been dropped when it became apparent, from body cam footage, that I had not done so.

I am a 76 year old filmmaker and journalist and request a response to this letter and an indication of whom I should approach within your government to have my spectacles and torn short replaced and my medical expenses paid?

James Ricketson

James Ricketson is an Australian film director and journalist, known for many feature films such as Blackfellas (1994) and documentaries like Born in Soweto. He was one of the founding members of the Australian Directors Guild.

Article by AsiaPacificReport.nz

The Israeli government has offered to train senior Australian police officers in Israel as part of efforts to combat terrorism and antisemitism, reports OnePath Network.

In a letter to Australia’s Home Affairs Minister Tony Burke, Israel’s Diaspora Affairs Minister Amichai Chikli said his government was “ready and willing to assist” following the Bondi beach massacre on December 14 which killed 15 civilians.

“We bring extensive experience in combating radical Islamic terrorism and antisemitism,” Chikli wrote.

“We would welcome the opportunity to host and train senior Australian police officers and security personnel in Israel, sharing our expertise and best practices in countering terrorism and antisemitism.”

This comes amid growing public scrutiny over the handling of the Bondi attack and broader concerns around antisemitism and Islamophobia in Australia.

The Israeli offer has sparked criticism. Writing on social media, handala.bds said: “Might as well rollout the red carpet for Mossad [Israeli secret service]”.

Juju_b.22 asked about the Israeli training offer: “To commit genoc1de?”

Adam_h_y_k asked: “Train them in what? The Hannibal directive?”

Article by AsiaPacificReport.nz