The NSW Police Chief has been accused with refusing to carry out the proper legal procedures before trying to stop a rally against Black Lives Matter from moving forward on Tuesday.
Mick Fuller has taken protest organisers to the Supreme Court over fears that the event would breach public health orders to quench coronavirus spread.
Barrister Felicity Graham said that Mr Fuller would have checked with organiser Paddy Gibson before making public plans to bring him to court during a 2 GB interview.
The disclosure happened on Monday at 7:25am — three hours before officers met with Mr Gibson at a police station in Sydney’s The Rocks.
“All he needs to do is stay off the airwaves before the statutory processes are fulfilled,” Ms Graham said.
“Given that has not happened, the statutory process has been thwarted.”
Barrister Michael Spartalis, who is representing Commissioner Fuller, confirmed that the interview took place.
“We accept the Ben Fordham interview, that those words were said by the Commissioner,” he said.
Under COVID-19 rules, crowds of more than 20 people are banned but more than 1,300 people are expected to attend Tuesday’s demonstration.
Protesters are told to “wear masks” and “keep a safe distance” from other rally-goers, according to the Facebook event page.
Organizers said that they would seek justice for David Dungay Jnr, who died when six officers at Long Bay Jail were pinned to the ground.
“No matter what a court says, at the end of the day this is Aboriginal land and nothing should be able to stop us from protesting,” nephew Paul Silva said.