Protester’s Bail Condition Varied Over Sydney Ban
A Palestinian Australian man charged with failing to follow police directions during a rally against Israeli President Isaac Herzog in Sydney has had his bail conditions varied after a court deemed it "not proportionate" to ban him from inner Sydney.
Eyad Shadid was among 12 protesters charged following police dispersal of last week’s protest against Herzog’s visit to Australia. Shadid, 25, was arrested near a group of Muslim men praying and charged with refusing to comply with a police direction and resisting or hindering an officer.
Legal Challenge to Bail Restrictions
On Wednesday, solicitor Nick Hanna challenged Shadid’s bail condition prohibiting entry to the City of Sydney council area except for work or court attendance. Hanna argued in Downing Centre local court that the restriction was "unnecessary, unreasonable, disproportionate and inappropriate." He raised "real doubt" about whether police issued a lawful move-on direction during the rally and stated Shadid was not obstructing a footpath or road at the time.
Police opposed the variation citing community safety concerns and the risk of future offences. The prosecutor contended that easing the condition "would significantly undermine enforcement and compliance in terms of [Shadid] not engaging in any unlawful protest."
Magistrate’s Decision
Magistrate Bree Chisholm ruled the condition was not proportionate, noting Shadid was already subject to conditions requiring good behaviour and no further offences. The magistrate referenced police allegations that Shadid said to an officer, "mate, I’ll fucking drop you," which Hanna said was contested.
Other protesters charged after the rally remain banned from entering the City of Sydney. One 67-year-old protester faces a ban on participating in any rallies or demonstrations while on bail after being charged with behaving in an offensive manner.
Shadid, who has no prior criminal history, and two others were warned they would breach bail conditions if attending an "unlawful" protest. Another protester, 28-year-old Jace Turner, is subject to a curfew from 7pm to 6am. Turner faces charges of assaulting a police officer causing actual bodily harm, an offence carrying a maximum seven-year prison sentence.
Legal Representatives Express Concerns
Sydney solicitor Majed Kheir, representing several protesters, expressed concerns about police imposing heavy bail conditions. He stated,
"We have concerns that the police have been heavy-handed in the imposition of certain bail conditions. Some conditions appear to target lawful conduct that does not necessarily give rise to a bail concern."
Samantha Lee, assistant principal at Redfern Legal Centre, emphasized the importance of bail conditions not serving as punishment, noting,
"The objectives of bail were to ensure people returned to court without committing offences or interfering with witnesses."
Lee described bans on attending protests while on bail as "harsh," noting such conditions have previously been applied to environmental activists in NSW.
Apology to Muslim Leaders Over Police Conduct
NSW Police Commissioner Mal Lanyon responded to a letter from the Australian National Imams Council regarding concerns about police forcibly moving worshippers at Town Hall. In his letter, Lanyon stated,
"I would like to reiterate that I have apologised for any offence caused and at no stage did officers intend to cause offence to members of the Muslim community."
Premier Chris Minns declined to apologize to the group, reaffirming his position on Thursday,
"I’ve got to be consistent with my views publicly and privately. I want to make it clear we’ve had long, detailed, constructive discussions with leaders of the Muslim community to try and get our personal relationship on track, but also to ease and calm community tensions."
Jihad Dib, the only Muslim MP in Minns’s cabinet and MP for Bankstown, described the removal of worshippers as "confronting" and "deeply distressing" in social media posts last week. He said,
"Since last night, I have had direct conversations with the premier, minister for police and commissioner of police to express the deep concerns of our community."
On Thursday, standing with Minns, Dib clarified his comments were not a criticism of police, stating,
"There was a situation where . I believe it could have been handled better."
Dib also expressed frustration with protest organisers for rejecting NSW police’s alternative march route.
Sheikh Wesam Charkawi, who led the Town Hall evening prayer, said a public apology was insufficient and called for a parliamentary inquiry into possible state government influence over the protest’s handling.
Labor Party Branches Respond
Since the protest on Monday, 12 Labor branches have passed motions condemning police conduct and the ALP government’s anti-protest laws. Two branches, Padstow and King’s Cross, passed motions thanking four Labor MPs who defied Premier Minns by attending the anti-Herzog rally in Sydney.
Peter Moss, co-convenor of Labor Friends of Palestine, said,
"This momentum will continue to build with many more branches set to get on board in the coming weeks."
He warned the movement could reach a "crescendo" ahead of Labor’s state conference in July.
