Police have withdrawn their first charges against a protester from Sydney’s anti-Isaac Herzog rally just hours after confirming any charges laid under a now-defunct law would be dropped.
Eyad Shadid, a 25-year-old Palestinian Australian man, was arrested near where a group of Muslim men were praying when they were grabbed by police officers. A police prosecutor told Downing centre local court on Wednesday they were withdrawing the two charges that were later laid against Shadid, which included refusing to comply with a police direction and resisting or hindering an officer.
Shadid’s lawyer, Nick Hanna, told Guardian Australia after the charges were withdrawn on Wednesday afternoon that in his view “the evidence served by the police in this case clearly established that Mr Shadid did not commit any offence and he should never have been charged to begin with”.
“Today’s outcome is an important first step in the path to justice for Mr Shadid and the rest of those arrested at the Herzog protest,” he said.
It comes after the New South Wales police commissioner, Mal Lanyon, said on ABC Radio on Wednesday morning that, pending a review, police would drop charges laid under the public assembly restriction declaration (Pard) law.
It is not clear whether dropping of charges against Shadid were due to the Pard decision, although court documents show police had alleged that he contravened the now defunct law.
It remains to be seen how many of the 30 protesters charged after the February rally will be affected by the decision, with the decision to drop Shadid’s charges separate to the review.
The Pard law was in force during the protest at Sydney’s town hall against the Israeli president’s visit to Australia and was cited by police as the reason a march could not go ahead.
Last month, the court of appeal struck down the Pard law, ruling in favour of the Palestine Action Group and Blak Caucus, and finding giving police the power to restrict all protests for a period of 90 days after a terrorist attack was unconstitutional. The law was introduced after December’s Bondi beach terror attack, in which 15 people were killed and more than 40 injured when two gunmen opened fire on a Jewish celebration of Hanukah at a park.
Lanyon said on Wednesday that police were also investigating if directions given under a separate “major events” declaration, which gave police expanded move on and search powers, were lawful.
Sign up for the Breaking News Australia emailThe premier, Chris Minns, had said in the wake of the Pard being struck down that because the anti-Herzog protest was also covered by a major events declaration charges would still stand for those who did not comply with police directions.
The 30 protesters charged face various offences that fall outside the Pard or major events declaration, including assault police officer, behave in an offensive manner, and throwing an object. Lawyers have indicated that it is unclear whether charges of failing to comply with a direction fell under the Pard law or not.
In a Downing Centre local court on Wednesday morning, 14 of the protesters had their matter adjourned to make way for the review of the charges laid under the Pard. Police withdrew the charges against Shadid before the same court later that afternoon.
Lawyer Osman Samin, who is acting for five of the 14 protesters, told the court on Wednesday morning: “The Pard has fallen over and that might have consequences for a number of these prosecutions, so I understand the police will be reviewing these matters to determine whether they proceed from this point onwards.”
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