Supreme Court and District Court Appeals

Victory – Appeal won – Black Lives Matter vigil and rally can legally proceed

Black Lives Matter (BLM) vigil and rally can proceed: Court of Appeal

The NSW Appeal Court has overturned yesterday’s Supreme Court decision on the planned protest to be held in Sydney at 3pm this afternoon.

“This is a victory for the thousands of people who want to join the call to end police brutality and the systemic racism within our justice system.”

“This is an important statement in defence of ordinary people’s civil liberties and the fundamental human right to protest.”

“The decision in the Supreme Court this afternoon is an endorsement of community policing and common sense. This situation needs cooperation not a show of force.

Said Peter O’Brien, Principal, O’Brien Criminal and Civil Solicitors who has appeared for the protest organisers in the Supreme Court yesterday and the Court of Appeal today.

This vigil has been organised to focus on ongoing police brutality against Indigenous Australians, and to remember all those who have died in custody around the world. With a particular focus on the brutal death of 26 year old David Dungay in 2015, who was killed in custody as a number of prison officers restrained and sedated him. His last words were ‘I can’t breath’.

Mr Dungay’s death is one of 432 Indigenous Australian deaths in custody, since the 1991 Royal Commission into Aboriginal Deaths in Custody.

Both NSW Police and the Premier for NSW, Ms Berejiklian, initially took a ‘common sense’ approach in permitting the protest, provided that certain regulation were followed.

Later reversing their position, leading to NSW Police taking the event organisers to the Supreme Court of New South Wales this afternoon.

This attempt at prohibiting the protest comes on the basis that the number of people expected to attend are now reported to be in the tens of thousands.

Event organisers have encouraged all people who plan to attend to wear masks and take precautions for their health and safety.

For more information, please contact Principal Solicitor, Peter O’Brien on 0406 155 358 or O’Brien Criminal & Civil Solicitors on (02) 9261 4281.

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O’Brien Criminal & Civil Solicitors
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Sydney NSW 2000

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