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NSW court blocks refugee rally after police accuse protesters of ‘Russian roulette’

Refugee activists have vowed to push ahead with a planned protest this weekend despite the supreme court prohibiting the event amid the Covid-19 pandemic.

Justice Michael Walton on Thursday night granted a NSW police application for the rally to be declared a prohibited public gathering.

The rally, which is being organised by the Refugee Action Coalition (RAC), is scheduled to take place at Sydney’s Town Hall on Saturday afternoon.

RAC organiser James Supple told the court they were expecting a modest crowd of about 150 to 200 and that it could be held while observing social distancing rules.

But Justice Walton accepted arguments put forward by Lachlan Gyles SC, acting for the NSW police commissioner, Mick Fuller, who cited health concerns.

Gyles argued that the protesters were playing “Russian roulette” given that the current public health order restricted gatherings of more than 10 people and organisers could not guarantee there would not be any transmission of the deadly virus.

He said that NSW residents had made great sacrifices throughout the COVID-19 epidemic and RAC did not have a “golden ticket” to defy the rules.

“Covid-19 has taken a massive emotional toll on many members of society,” Mr Gyles said.

“People could not go to funerals for their uncles, brothers, or lifelong friends, they haven’t been able to visit relatives in nursing homes.

“It’s taken a significant mental toll on them and Mr Supple says ‘it’s all good’ and he’s prepared to play Russian roulette.”

However, Supple said the group was still planning to hold the rally and urged anyone attending to observe social distancing measures and health guidelines.

“We’ll still be holding an event this Saturday, urging people to participate,” Mr Supple said outside court.

“As the court said, it doesn’t actually make it illegal to come to a protest, it just gives the police more powers.

“We’ll be doing everything in our power to ensure it’s a safe gathering and urging people to show some safety concern for the coronavirus measures.”

Earlier in the day, Commissioner Fuller said that anyone breaking a public health order would be fined $1000, then asked to move on and if they did not comply, they would be arrested.

NSW Police assistant commissioner Mick Willing said in a statement late on Thursday night that while he supported the exercise of free speech, the county was in the midst of an “unprecedented pandemic”.

“The risk to public safety of these protests going ahead is significant,” Assistant Commissioner Willing said.

“I want to be clear about this – if people choose to break the law and attend this protest, police will not hesitate to take the appropriate action against them.”

NSW Police had attempted to convince RAC to postpone the rally to a later date once the coronavirus eased.

But the group’s lawyer Emmanuel Kerkyasharian SC rejected the plea, arguing it should be allowed because they were protesting the detention of refugees who were being held against their will.

“Every day matters,” Kerkyasharian told the court.

“Are we talking about six months down the track, three months down the track? These sorts of rights cannot be postponed.”

Read the original article at The Guardian

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