Returning to the Supreme Court in Sydney, where an urgent legal challenge to sweeping police powers during Herzog’s visit is continuing.
The NSW government quietly declared Herzog’s visit a major event on Friday under legislation typically used to manage crowds at sporting events. The declaration was announced on Saturday.
Palestine Action Group members and supporters outside the Supreme Court ahead of today’s urgent hearing. Wolter Peeters
The court will decide today if this was a valid exercise of the state government’s legal powers after the Palestine Action Group filed a challenge.
The decision must be made before the group’s planned protest at 5.30pm today.
Barrister Felicity Graham, acting for the group, argued the declaration was made for the improper purpose of shutting down a protest when the laws were aimed at facilitating major events in NSW.
There was “no evidence” Herzog intended to visit Sydney Town Hall or the NSW parliament, where protesters wanted to march, Graham said.
Police have asked the protesters to move to Hyde Park. Sitthixay Ditthavong
Justice Robertson Wright, presiding over the hearing, put to Graham that the government’s comments when the major events declaration was announced appeared to suggest its aim was “not suppression of protest, but keeping two groups separate”.
The government said in a media release on Saturday that “we cannot allow a situation where mourners, visitors and protesters are brought into close proximity in a way that risks conflict, violence or public disorder”.
Wright said the declaration was also made in “the context of what occurred on the 14th of December where, it appears, there are elements in Australian society who think that it is appropriate to take weapons and shoot various people who are participating in a religious celebration”.
Graham said that the “key purpose needs to be to facilitate a major event”.
The judge said that this was “a very broad way of putting it”.