Waleed Aly has questioned a former top police officer about why police are trying to stop protests marking the October 7 terrorist attacks on Israel by Hamas that killed 1,200 people.
NSW Police are seeking an injunction in the NSW Supreme Court against planned protests planned for this Sunday and Monday, claiming they pose a risk to public safety in the wake of last weekend’s rallies in Sydney and Melbourne with flags of the terrorist group Hezbollah.
The project’s host, who stated on Tuesday that he believed the protesters had done nothing illegal by carrying the flag and photos of slain Hezbollah leader Hassan Nasrallah, asked why police should intervene to stop the demonstrations now.
“They (the protesters) have been meeting for the last 51 weekends,” Aly told former NSW Police Deputy Commissioner and Counter Terrorism Commander Mick Willing, who appeared on the program on Wednesday night.
‘They were mainly peaceful protests. Do you think the NSW Police made the right decision here in seeking a ban?”
Mr Willing responded that he did so even though the vast majority of protests in Sydney’s CND were carried out safely.
“Community safety must underpin the conduct of these protests and on this occasion the police, after negotiations with the protest organisers, feel that they cannot guarantee public safety,” he said.
“And they have no other option but to take the matter to the Supreme Court for a decision on this.”
Project leader Waleed Aly (pictured left) interviews former NSW Police Deputy Commissioner and Counter Terrorism Commander Mick Willing
NSW Police are seeking an injunction in the Supreme Court against protests planned for this Sunday and Monday. The photo shows last Sunday’s rally in Sydney
Aly asked whether the police had to prove to the court that there was a safety problem.
Mr Willing said protesters in NSW would have to make an application to police and prove safety would not be compromised.
“So when they (the police) go to the High Court – which doesn’t happen very often – they have to convince the court that in all the circumstances and everything taken into account, the conduct of a particular protest is more likely than not. are unsafe for the public.
“And so it’s a threshold that they have to meet and a decision that the court has to make.”
Fellow program presenter Sarah Harris made it clear that organizers had said they could not guarantee that Hezbollah flags would no longer fly.
She asked Mr Willing if that happened and how the police should act.
“Well, I think the general public — and that’s a widespread sentiment — believes the police should take strong action and make arrests,” Willing said.
‘They must operate within the boundaries of existing legislation and simply waving or having a flag is not enough.
‘There must be certain thresholds that you have to meet. The legislation itself is only new.
‘It hasn’t been tested. But I think it’s time for it to be tested and I think the general public would expect arrests to be made.”
Protesters in Melbourne were seen holding up framed photos of recently murdered Hezbollah boss Hassan Nasrallah (pictured centre) and Hezbollah’s yellow and green flags (pictured left).
Mr Willing also told The Project presenters that he thought ‘tensions are high’ and that a comment from protest organizers who have pledged to defy a court order shows a worrying attitude.
“So how can they control those involved in the protest itself, it endangers public safety. It puts police officers in danger and I don’t think this is the time to have that kind of protest,” he said.
A similar protest is expected to take place in Melbourne this weekend.
But unlike their NSW counterparts, Victoria police do not have the power to deny a protest is taking place, ‘as long as it is lawful’.
But police confirmed it would attend the meetings planned for October 6 and 7, aimed at “keeping the peace and ensuring the safety of those attending and the wider community”.
“Victoria Police do not have the power to deny a protest is taking place, as long as it is lawful,” a spokesperson said.
“Victoria Police respects the right to peaceful protest, but unlawful behavior will not be tolerated.”
The latest saga comes after Aly backed protesters’ legal right to wave Hezbollah flags and display photos of its recently murdered leader, even though the organization has been listed as a terrorist group in Australia since 2003.
He expressed his opinion when co-host Steve Price asked Tuesday night whether protesters should be allowed to do this.
“I certainly don’t like it,” Aly admitted.
‘I have nothing good to say about Hezbollah.
“Because of the way the law is written, the offense isn’t just holding up that symbol. That’s not all the offense requires; it is necessary, but not everything.
‘There must be other elements too, especially incitement and defamation. That’s where it gets tricky.
The Australian Federal Police said it was investigating the display of Hezbollah symbols, but that waving a flag or showing a photo was not necessarily against the law.
‘I think the police investigation will take some time, because it is not just about whether you waved a sign.’
The Australian Federal Police said in a statement that holding the flag or a photo of Nasrallah is not in itself an offence.
It only rises to the level of a crime if the symbols are used to spread ideas of racial superiority or hatred or if they are likely to offend, offend or intimidate a person for reasons such as race, religion or nationality.
Officers can order people to remove the symbols but cannot forcibly remove them, although those who don’t comply face a fine.
In NSW, protesters initially complied when asked to put away the Hezbollah flags, but many later brought them out, prompting police to confiscate at least two flags.
Price said the law didn’t go far enough.
“The Australian public has a right to be very confused these days. Nasrallah is a deadly terrorist,” Price said.
“He’s been responsible for some horrible terrorist attacks, killing Americans and all kinds of people, and yet you can walk down the street with a framed photo of him after he was taken out by Israel.”
Iran has sent a barrage of missiles into Israel, with this shot showing the missiles over Tel Aviv
He said there is a double standard in policing between the hands-off approach to protesters at the weekend and the aggressive shutdown of even peaceful protests against Covid-19 lockdowns.
“(At) Covid protests, people protesting against being locked up in their homes were shot with rubber bullets, arrested and dragged across the street,” Price said.
A spokesperson for Attorney General Mark Dreyfus said the AFP has confirmed they are investigating a number of breaches, believed to be as many as six.
Alex Ryvchin, co-leader of the Executive Council of Australian Jewry, said it was “sickening to see fellow Australians in our streets mourning the death of this terrorist leader.”
The protests went beyond concerns about the loss of life and the future of Lebanon and evolved into “active, open, specific support for Hezbollah” that police had to take action against, Ryvchin said on Monday.
Nasrallah was killed by an Israeli airstrike in Lebanon on Friday as the conflict threatened to engulf more countries in the region, with Hezbollah backer Iran entering the conflict more directly by firing missiles at Israel.
The current round of fighting began when Hamas fighters stormed Israel from Gaza on October 7 last year, causing widespread death and destruction.