O’Brien Criminal & Civil Solicitors offers free consultations for protesters affected by police action on February 9, 2026
Thousands of Australians exercised their democratic right to peaceful protest in Sydney yesterday, gathering to express their opposition to Israeli President Isaac Herzog’s visit to Australia. What began as a peaceful demonstration in Sydney’s CBD escalated into confrontations with police, resulting in at least 27 arrests and widespread use of pepper spray against protesters and even members of the media.
If you were arrested or assaulted by police at yesterday’s protests, our lawyers at O’Brien Criminal & Civil Solicitors can help. We are offering free consultations for both criminal defence matters and civil claims arising from the events.
What Happened on February 9?
The protests occurred as President Herzog arrived in Australia following Prime Minister Anthony Albanese’s invitation in the aftermath of the December 2025 Bondi Beach shooting. The NSW government declared Herzog’s visit a “major event” under the Major Events Act, granting police sweeping powers to search, move, and arrest protesters within designated areas.
Despite a failed legal challenge by the Palestine Action Group to overturn these extraordinary police powers, thousands gathered at Sydney Town Hall to exercise their right to peaceful assembly. When protesters attempted to march toward NSW Parliament, police deployed pepper spray and tear gas, leading to multiple arrests.
According to NSW Police, 27 people were arrested, including 10 for allegedly assaulting police and 17 for failing to comply with directions. However, protest organisers have disputed these characterisations, describing the police response as disproportionate and violent.
Statement from our firm
Yesterday, thousands of Australians gathered in Sydney to exercise what should be a fundamental right in any democracy: the right to peaceful protest. What unfolded was concerning for anyone who values civil liberties in this country.
This is not about taking a political position on the conflict in the Middle East, or on President Herzog’s visit, or on any individual’s views about these deeply complex issues. This is about something more fundamental to our democracy.
Australians have the right to gather peacefully. They have the right to express dissent. They have the right to make their voices heard, even when, especially when, those voices are critical of government decisions or visiting dignitaries.
When we see pepper spray deployed against crowds, when we see mass arrests, when we see extraordinary police powers invoked, we need to ask: was this proportionate? Was this necessary? Were people’s fundamental rights respected?
Over the past few years, we’ve seen a pattern in New South Wales: increasingly restrictive laws, increasingly broad police powers, and increasingly aggressive responses to peaceful protest. This should concern all of us, regardless of our political views.
Today it might be a cause you disagree with. Tomorrow it might be an issue you care deeply about. The rights we defend for others are the rights we preserve for ourselves.
Democracy isn’t just about voting every few years. It’s about the ability to speak freely, to assemble peacefully, and to hold our leaders accountable. Those rights are worth defending. And we’re here to defend them.
Our Track Record Defending the Right to Protest
O’Brien Criminal & Civil Solicitors has a proven track record of defending protesters and protecting democratic freedoms in Australia. We do this work regardless of the political cause, representing protesters from across the political spectrum because the right to protest isn’t a left or right issue – it’s a democratic principle.
Our work includes:
Landmark Victory: Commissioner of Police v Josh Lees (2025)
In August 2025, our firm secured a historic legal victory that enabled more than 300,000 people to march across the Sydney Harbour Bridge in the “March for Humanity” pro-Palestinian rally. Led by Principal Solicitor Peter O’Brien and solicitor Tim Rayner, we successfully defended the Palestine Action Group’s right to protest when NSW Police sought to prohibit the demonstration.
Striking Down Unconstitutional Anti-Protest Laws (2025)
In October 2025, our firm represented Josh Lees and the Palestine Action Group in challenging amendments to LEPRA that gave police sweeping powers to remove or arrest protesters near places of worship. Justice Anna Mitchelmore ruled the laws invalid, finding they imposed an unjustified burden on the implied constitutional freedom of political communication.
Defending Hannah Thomas: Police Brutality at Protests
Our firm has represented numerous individuals, including Hannah Thomas, who was assaulted by police during a peaceful protest, leading to serious eye injuries. We successfully defended Ms Thomas against criminal charges and initiated civil proceedings for malicious prosecution, assault and battery, and malfeasance in public office.
Principal Solicitor Peter O’Brien stated at the time: “The senseless violence and ruthless conduct of police towards this small group of peaceful protesters… is a sharp indictment on the way in which government and police are manoeuvring to criminalise and suppress protest and dissent in this state.”
How We Can Help You
If you were affected by yesterday’s protests, we can assist with:
Criminal Defence
- Defence against charges arising from protest arrests
- Bail applications
- Representation in Local and Supreme Courts
- Appeals against convictions
Civil Claims Against Police
- Unlawful arrest and false imprisonment
- Assault and battery by police officers
- Malicious prosecution
- Malfeasance in public office
- Collateral abuse of process
Our firm has extensive experience in suing police for misconduct and has secured substantial compensation for clients who have been unlawfully treated by law enforcement.
The Right to Protest is a Cornerstone of Democracy
Peaceful protest is a fundamental right in Australian democracy. While governments may impose reasonable restrictions for public safety, the use of force against peaceful demonstrators raises serious concerns about the erosion of civil liberties.
Our firm remains committed to defending individuals who exercise their democratic rights, regardless of the political nature of their cause. Whether you were arrested, pepper-sprayed, injured, or otherwise affected by police action yesterday, you deserve legal representation that understands your rights and will fight to protect them.
We believe access to justice shouldn’t depend on your ability to pay, and we believe your rights matter. That’s why we’re offering free consultations to anyone affected by yesterday’s protests.
Contact Us Today
Don’t face these charges or injuries alone.
Call us on 02 9261 4281 or contact us online for a confidential discussion about your case.
Your rights matter. Your voice matters. And we’re here to defend both.
Sidnie Sarang is a multi-faceted lawyer who is passionate about justice. Sidnie practices across criminal defence law, fair trading, and commissions of inquiry including crime commissions and royal commissions.
