Activists appeal against ‘illegal’ Sydney protest as thousands prepare for Black Lives Matter rally

The organiser of the Sydney ‘Stop All Black Deaths in Custody’ rally is lodging an urgent appeal after the Supreme Court refused to authorise it due to the coronavirus pandemic.

Mass rallies are expected to sweep Australia over the June long weekend with tens of thousands planning to join the global Black Lives Matter protests and call for an end to Aboriginal deaths in custody.

Thousands are expected at rallies in Sydney, Melbourne, Brisbane, Adelaide and Hobart on Saturday to show solidarity with the movement and African American George Floyd, who died while being arrested in Minneapolis.

NSW’s highest court has banned the Sydney protest because it breaches coronavirus restrictions but it is unlikely to stop marchers.

‘The organisers have received strong advice from lawyers across the legal community that the decision has significant flaws that amount to jurisdictional error,’ Greens MP David Shoebridge said on Saturday.

Pictured: Protestors wear face masks during a ‘Black Lives Matter’ rally in Sydney on Tuesday

‘Taking the legal jargon away the case will be that the judge got it wrong. That rally is in fact authorised and was agreed to by police.’

Mr Shoebridge gave evidence in court on Friday in support of the rally.

Rally organiser Raul Bassi said he expected to have 5,000 people gather at 3pm on Saturday and was planning to have marshals policing social distancing and handing out face masks and hand sanitiser.

But after a four-hour hearing, Supreme Court Justice Desmond Fagan refused to approve the public assembly, citing the current coronavirus restrictions on mass gatherings. 

The Sydney protest is also to honour the life of Australian man David Dungay Jr, who died prison after being held down by corrections officers.

Just like Mr Floyd in the U.S., his final words were ‘I can’t breathe’. 

Mr Dungay’s mother vowed she would march regardless of the court’s ruling.

Australian Medical Association President Dr Tony Bartone told Weekend Today the mass gatherings could lead to a second coronavirus outbreak.

‘We saw that during the height of that first wave as many as one person infected as many as 35 other people,’ Dr Bartone said.

‘We know that community transmission is still occurring in low numbers but it is occurring in low numbers but it is occurring.’

‘We only need one person to be in the rally and with the potential to infect others and others and within no time we will have a significant outbreak again on our hands and we’re back at square one and all the good work that the Australian public has done over the last few months will be wasted.’

Protesters are pictured outside the Supreme Court in Sydney on June 5 holding up signs (pictured), ahead of Sydney's Black Lives Matter protest on June 6

Protesters are pictured outside the Supreme Court in Sydney on June 5 holding up signs (pictured), ahead of Sydney’s Black Lives Matter protest on June 6

WHERE ARE THE PROTESTS PLANNED IN AUSTRALIA? 

Protests are set to go ahead in several Australian cities, but Sydney has now banned its planned protest. 

Melbourne: Sat June 6, 2pm to 5pm– Parliament House, Melbourne

Sydney: Sat June 6, 3pm to 5pm – Town Hall, Sydney

Brisbane: Sat June 6, 1pm to 5pm – King George Square, Brisbane

Adelaide: Sat June 6, 12pm to 1.30pm – Victoria Square / Tarntanyangga, Adelaide

Australia’s Chief Medical Officer Brendan Murphy said authorities have always feared an outbreak in indigenous communities.

Professor Murphy said that while people had the right to protest, mass gatherings were dangerous in the midst of a pandemic.

Prime Minister Scott Morrison also urged Australians not to attend protests.

Thousands of protesters are expected at the rally in Melbourne.

Protest organisers Warriors of the Aboriginal Resistance have stressed safety of the community is paramount while also insisting the event outside Victoria’s Parliament House will go ahead.

Victoria Police have warned rally organisers could be fined $1,651 because of COVID-19 restrictions and that fines could also be issued to individuals.

Thousands are also planning to march through Brisbane starting at King George Square despite limits on large public gatherings.

Police and the Queensland premier would prefer people show their support online but will not stop the march against First Nations deaths in custody, and violence and systemic racism towards black people.

In South Australia, the state’s police commissioner has granted permission for a BLM protest to proceed in Adelaide, calling it a ‘unique and extraordinary’ event.

Up to 4,000 people are expected to gather in Victoria Square before marching through the city.

Commissioner Grant Stevens says the exemption from emergency provisions will allow the event to go ahead without breaching COVID-19 restrictions, but those taking part must still be mindful of their own health and the health of others.

Hundreds have registered their interest in attending a candlelight vigil on the lawns of Parliament House in Hobart.

Assistant Commissioner Jonathan Higgins said Tasmania Police supports people’s right to protest provided it is done legally.

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