Sydney inquiry finds limited evidence of violence by protesters at Herzog rally

The Law Enforcement Conduct Commission of New South Wales said the protest at Sydney Town Hall against Isaac Herzog’s visit appeared largely peaceful in its early stages. Counsel assisting the commission, Kirsten Edwards, said there was so far limited evidence of physical violence by protesters.

Later conduct described by police as aggressive was mostly verbal and linked to demands to march. Video also showed organizers at points trying to defuse tensions with officers.

Police use of force under review

The inquiry began after widespread allegations of police brutality. The commission has reviewed 1,000 hours of footage and received about 400 public complaints.

Its examination includes the use of OC spray, including against people with mobility impairments and near people’s faces, pushing during crowd dispersal, force during arrests and alleged containment of protesters in an area they could not leave. It is also examining the case of a man in his 60s who was struck in the face and an incident in which police dragged away Muslim worshippers during sunset prayers.

The commission is reviewing allegations that some officers boasted about gratuitous force and whether the conduct was widespread or sanctioned or encouraged by senior officers.

Charges against demonstrators

Police charged 30 people in the months after the protest, including with hindering arrest and assaulting police. Charges against 11 people have now been withdrawn: seven were dropped on Friday and four in earlier months.

A joint hearing that initially covered 25 people now involves 17. It is scheduled for July 2027 and is expected to last six weeks.

Protest restrictions examined

The commission is assessing police conduct under rules in force at the time. They restricted protesters’ ability to march; the state’s highest court declared the relevant Public Assembly Restriction Declaration unconstitutional two months after the demonstration.

The commission delivered its opening address publicly on Monday before beginning five weeks of private examinations. Police had sought to have the entire inquiry held in private.

At a briefing before the protest, attended by senior officers including commissioner Mal Lanyon, officers were, according to a common recollection cited at the inquiry, told that the protest was to remain static and that a march was not permitted. No recording or notes were made.

David Sulan SC, representing Lanyon, said police faced an unprecedented level of serious verbal abuse, while also pointing to many positive acts of policing before and during the protest.