Twenty-five individuals charged following protests against Israeli President Isaac Herzog's visit to Australia will face a six-week joint trial in July next year. The decision was made at Downing Centre Local Court on Thursday after defense lawyers successfully argued for a consolidated hearing, citing common legal issues across all cases.
Pre-Trial and Trial Dates Set
Acting Deputy Registrar Soly Najm scheduled a week-long pre-trial hearing for March 8, 2027, and a six-week trial commencing July 19, 2027. Felicity Graham, one of nine lawyers representing the protesters, informed the court that New South Wales Police Commissioner Mal Lanyon is expected to be the first witness called.
Other Potential Witnesses
The court heard that Assistant Police Commissioner Paul Dunstan, as well as Greens MPs Sue Higginson and Jenny Leong, may also be called to testify. Consideration is being given to summoning other "ministers and members of parliament."
Background of the Protests
Thirty people were charged after protesting Herzog's visit at Sydney Town Hall in February. Charges against one protester were dropped last month. The police response that night is under investigation by the Law Enforcement Conduct Commission over allegations of brutality.
Twenty-five of the accused applied for a joint trial, a move opposed by police. Prosecutor Sergeant Adrian Walsh argued it would create "significant issues" with witnesses, as some are common to all cases while "a significant number" relate to individual matters.
Legal Arguments for Joint Trial
Graham led the push for a joint hearing, arguing the cases share "common legal and factual issues." This includes allegations that police responded unlawfully to what was an authorized protest. At the time, police deemed the protest unauthorized due to a public assembly restriction declaration enacted after the Bondi terror attack, which effectively banned protest marches in certain areas.
That law was struck down in April by the Court of Appeal after being found unconstitutional, following a challenge by Blak Caucus and the Palestine Action Group. Graham argued that because protesters had submitted a Form One (formal notice of intention to hold a public assembly) to police, the protest was authorized. "The police operation prevented them from exercising that right," she told the court.
She also indicated a likely challenge to the validity of police use of a major event declaration—typically used at major sporting or cultural events—which expanded police powers during Herzog's visit. Additionally, Graham raised potential shared arguments on the admissibility of evidence across the 25 protesters.
Charges Faced
The protesters face a range of offenses, including assaulting police, resisting arrest, and failing to comply with move-on directions.
