The chief justice of New South Wales, Andrew Bell, has criticised former prime minister Tony Abbott for what he described as a 'regrettable, misconceived and ignorant' attack on a judge's decision regarding last year's pro-Palestine protest march across the Sydney Harbour Bridge.
In a speech on Thursday evening, Bell addressed Abbott's August 2023 post on X, in which the former Liberal leader commented on a NSW Supreme Court decision that allowed the march to proceed. Abbott had written that 'it should not be for judges to decide when a political protest is justified' and that the decision to close the bridge was a 'political decision' that should be made by elected ministers.
Bell countered that Justice Belinda Rigg's decision was not about whether the protest was justified, but involved weighing the right to free speech and public assembly under the law. He noted that authorities had already decided to close the bridge regardless of the court's ruling, a fact recorded in the judgment. Bell emphasised that the decision was given to the court by the legislature, not an 'unauthorised assumption of jurisdiction'.
Bell also criticised 'simplistic but frequently highly personal criticism' of judges in the media and on social media, warning that such attacks undermine trust in the judiciary and the rule of law. He revealed that two Supreme Court judges had received death threats in the past 18 months following such criticism.
When asked about Bell's remarks, Abbott stood by his original comment, stating: 'This is a separation of powers issue. Whether a political protest goes ahead or not should be a question for the executive government, not for judges.'
