Sydney Protest Arrests: O’Brien Criminal & Civil Solicitors solicitor featured in SMH after securing bail for 18-year-old charged at Surry Hills demonstration
The arrests stemming from this week’s Sydney protests continue to mount, with our firm’s criminal solicitor, Wilson Tighe, featured in The Sydney Morning Herald after successfully representing an 18-year-old charged with assaulting police at Tuesday’s Surry Hills demonstration.
Duke Austin, a high school graduate from Bondi, was arrested at a protest outside the Sydney Police Centre in Surry Hills, a demonstration against the police response to Monday’s CBD protest during Israeli President Isaac Herzog’s visit to Australia.
The Torch Incident: What Happened?
According to The Sydney Morning Herald’s reporting, Austin was charged with three counts of assaulting a police officer in the execution of duty without causing actual bodily harm, and possessing a knife in a public place, after allegedly shining a torch in the faces of officers monitoring the peaceful demonstration at Harmony Park.
Footage captured by Nine News shows a protester shining a torch in the eyes of an officer stationed outside the police centre. The officer speaks to the demonstrator and gestures for him to stop, before police officers march him from the gathering.
Wilson Tighe’s Defence: Challenging the Charges
In his bail hearing on Wednesday, Wilson Tighe called the prosecution’s opposition to granting bail “quite astounding,” highlighting fundamental questions about how assault charges are being applied to protesters.
“There’s a legitimate argument on foot that the flashing of a torch at a police officer makes out an assault,” Tighe told the court. “There’s a live argument in the way it’s been charged.”
The prosecution, represented by Wayne Law, argued Austin would endanger police officers if granted bail, suggesting a heightened risk existed while President Herzog continued his tour. Law told the court that Austin had “voluntarily, intentionally engaged himself in behaviour antagonising the police.”
“The irony is the protest is against allegations of police brutality; however, he is the one at this protest engaging in violent behaviour,” Law said.
Magistrate Grants Bail, Questions Seriousness of Charges
Magistrate Daniel Covington sided with the defence, granting bail and noting Austin’s clean record and fixed address. Significantly, he found there was “no realistic possibility” of a prison sentence stemming from the charges if proven, and if the offence could be proven, it would fall on the “lower end” of objective seriousness.
The magistrate also rejected the prosecution’s suggestion to ban Austin from demonstrations organised by the Palestine Action Group over the next two days while Herzog remained in Australia, a decision that upholds the fundamental right to protest even for those facing charges.
The case will next be mentioned on February 25 at the Downing Centre.
The Broader Context: A Pattern of Arrests
Austin’s arrest is part of a growing pattern of police action against protesters this week:
- Monday, February 9: 27 people arrested at the Town Hall protest, with widespread use of pepper spray against demonstrators and media
- Tuesday, February 10: Hundreds gathered at Surry Hills to protest alleged police brutality from Monday’s demonstration
- Ongoing: NSW Police Commissioner Mal Lanyon has committed to reviewing officers’ actions but has also defended the police response
The Sydney Morning Herald reported on how Monday’s protest “descended into bloody chaos,” with confronting footage showing police officers kneeling on protesters and repeatedly punching them.
Police Commissioner Defends Response
Despite the controversy, NSW Police Commissioner Mal Lanyon has defended officers’ conduct. Speaking to 2GB on Wednesday morning, Lanyon praised officers who responded to demonstrators who “really wanted to agitate the police.”
“This is a time for calm, and I find it incredibly offensive that people would go there deliberately trying to incite police,” Lanyon said, describing anti-police chants as unacceptable.
However, Lanyon has committed to reviewing the actions of officers at Monday’s Town Hall rally, pledging that each officer would be held “responsible for their own actions.”
Questionable Charges and Democratic Rights
Austin’s case raises important questions about how police and prosecutors are characterising protest behaviour. If shining a torch at an officer, without any physical contact or injury, constitutes assault, where is the line drawn for legitimate protest activity?
This is particularly concerning given the context: protesters were gathered specifically to demonstrate against alleged police brutality from the previous night’s events. The use of serious criminal charges in response to non-violent behaviour risks having a chilling effect on Australians’ willingness to exercise their democratic rights.
As Wilson Tighe argued in court, there are “legitimate arguments” about whether these actions actually constitute the offences charged. These are precisely the kinds of legal questions that need rigorous defence—and that’s what our firm provides.
O’Brien Criminal & Civil Solicitors: Defending Protest Rights
Wilson Tighe’s successful defence of Duke Austin continues our firm’s proud tradition of defending protesters’ rights in NSW. Our recent work includes:
- August 2025: Securing a landmark victory that enabled 300,000+ people to march across Sydney Harbour Bridge
- October 2025: Successfully challenging unconstitutional anti-protest laws in the NSW Supreme Court
- Ongoing: Representing protesters like Hannah Thomas who have been assaulted by police
If You Were Arrested This Week
If you or someone you know was arrested at this week’s protests, whether at Town Hall on Monday or Surry Hills on Tuesday, we can help. We’re offering free consultations for:
- Criminal defence against protest-related charges
- Civil claims for unlawful arrest, assault by police, or malicious prosecution
- Bail applications and court representation
The right to protest is fundamental to Australian democracy. When that right is threatened by disproportionate police action and questionable charges, we’re here to defend it.
Call us on 02 9261 4281 or contact us online for a confidential consultation.
