A Palestinian Australian man who alleges he was punched in the face when trying to stop police from harassing Muslim men praying during an anti\u2013Isaac Herzog protest is suing New South Wales over \u201ca series of false accusations\u201d.<\/p>\n
Eyad Shadid has launched a civil case in the NSW district court, alleging he was assaulted, battered and falsely imprisoned by police near Sydney\u2019s town hall.<\/p>\n
The Palestine<\/a> Action Group member, in his statement of claim, says NSW police committed misfeasance in public office and subjected him to a malicious prosecution.<\/p>\n \u201cI attended the protest to object to our government rolling out the red carpet for Isaac Herzog<\/a>, president of a state that has been found by United Nations commissioners and most major human rights organisations to be perpetrating a genocide,\u201d Shadid told Guardian Australia.<\/p>\n \u201cThe right to protest in this state must mean more than words on paper and, if we must go to court to prove that, then so be it. I did not go to town hall looking for trouble. I went to be counted.\u201d<\/p>\n Shadid, 26, was looking for his mother \u2013 who, like his father, is from Palestine \u2013 after they became separated during the protest on the evening of 9 February.<\/p>\n He found himself between a group of Muslim men praying<\/a> and advancing police when, according to his statement of claim, he told officers: \u201cStop, they are praying.\u201d<\/p>\n Const Daniel Stewart then allegedly dragged Shadid, who had travelled from Parramatta, to the ground and punched him in the face and twisted his wrist. Another officer kneeled on his head, the documents allege.<\/p>\n Shadid alleges that when on the ground another officer handcuffed him and he was taken into custody. He was charged with failing to comply with a police direction and resisting arrest.<\/p>\n In May, NSW police dropped the charges. Since then, three others charged after the protest have had their charges withdrawn. More than 20 protesters are due to face a joint trial<\/a> in mid-2027.<\/p>\n Eyad Shadid returns to Sydney\u2019s town hall. Photograph: Blake Sharp-Wiggins\/The Guardian<\/p>\n Shadid alleges in court documents that Stewart failed to tell another officer deciding whether to charge him that the police line had been advancing towards people praying \u2013 and he\u2019d requested the police stop because of that.<\/p>\n He claimed the omission was \u201cdeliberate\u201d and that Stewart falsely alleged Shadid threatened him with words to the effect of: \u201cMate, I\u2019d fuckin\u2019 drop you.\u201d<\/p>\n In his police statement, Stewart wrote the group of men \u201cbegan\u201d to pray as the police line moved forward and he was acting in the lawful execution of his duty when he arrested Shadid.<\/p>\n Shadid claims that allegation was \u201cdishonest\u201d and designed to make it look like the prayer was a \u201ccynical ploy\u201d to frustrate officers.<\/p>\n Sign up for the Breaking News Australia email<\/a><\/p>\n NSW police issued a statement three days after the protest confirming the prayer had been authorised, but claimed that message was not passed on to officers<\/a>. The police commissioner, Mal Lanyon, apologised \u201cfor any offence that may have been taken\u201d after officers dragged away those praying.<\/p>\n After Shadid\u2019s charges were dropped, the police prosecutor agreed officers had not given him a move-on direction. The 26-year-old was awarded costs.<\/p>\n \u201cAs a consequence of the matters pleaded herein, the plaintiff was assaulted, battered, falsely imprisoned, subjected to a misfeasance in public office, and maliciously prosecuted,\u201d his statement of claim argues.<\/p>\n Shadid, a social services worker, is seeking aggravated and exemplary damages, arguing there was an \u201coppressive abuse of police powers\u201d and he was prosecuted for \u201cexercising a lawful democratic right to engage in peaceful protest\u201d.<\/p>\n Shadid said after he was charged his name was published in media reports and he lost business clients.<\/p>\n Eyad Shadid\u2019s lawyer, Nick Hanna. Photograph: Blake Sharp-Wiggins\/The Guardian<\/p>\n Shadid\u2019s lawyer, Nick Hanna, said the case involved \u201cvery troubling allegations of police misconduct\u201d.<\/p>\n \u201cWe claim that Mr Shadid was violently assaulted and arrested without any lawful basis and then charged and prosecuted on the basis of a series of false accusations and misleading omissions,\u201d Hanna said.<\/p>\n The defence is yet to file its response to Shadid\u2019s statement of claim. The NSW premier, Chris Minns<\/a>, and NSW police declined to comment while the matter was before the court.<\/p>\n Minns said after the rally that police were \u201cput in an impossible situation\u201d after protesters attempted to defy the public assembly restriction declaration (Pard) law. He refused to apologise to the prayer group or for the police\u2019s conduct.<\/p>\n In April, the state\u2019s court of appeal<\/a> found that law unconstitutional, ruling in favour of the Palestine Action Group and Blak Caucus.<\/p>\n