Court of Appeal rules Sydney Black Lives Matter protest is authorised
The NSW Court of Appeal has ruled that a Sydney rally held in support of the Black Lives Matter movement is an authorised public assembly, overturning a NSW Supreme Court decision on Friday which declined to make that declaration.
In an urgent hearing on Saturday afternoon, Chief Justice Tom Bathurst, Court of Appeal President Andrew Bell and Justice Mark Leeming ordered that the assembly at Town Hall in the CBD - planned for 5000 people - was authorised.
Protesters hold signs at the Sydney Black Lives Matter rally on Saturday.Credit:James Brickwood
The decision was delivered at about 2.45pm, 15 minutes before the planned start time of the demonstration. Crowds who had gathered for the protest cheered as the news filtered through.
Organisers initially liaised with police last week to gain approval for a 50-person vigil recognising the deaths in custody of George Floyd in the United States last month and David Dungay in Sydney in 2015.
However, when organisers updated police that 5000 people were expected to attend, police took the matter to the NSW Supreme Court, which declined to give approval for the assembly due to concerns over COVID-19.
In his ruling on Friday night, Justice Des Fagan said "all of us have given up many rights" to deal with the pandemic, and added that he didn't "diminish the importance of the cause".
Chief Justice Bathurst said reasons for the previous decision being overturned will be published next week.
The authorised protest includes an assembly of approximately 5000 people at Town Hall with a cultural ceremony and speeches, and a march through the city to Belmore Park, where further speeches and a vigil will be held.
In a statement, Chris O'Brien - the solicitor for protest organiser Raul Bassi - said holding an assembly which is considered lawful under the Summary Offences Act provides "certain immunities from criminal liability" for those who take part.
"This decision will, in the opinion of lawyers, constitute a 'reasonable excuse' for the purposes of the public health directions issued by the Minister for Health which would otherwise prohibit gatherings in public places of more than 10 people," Mr O'Brien said.
More to come