Police have withdrawn charges against a Palestinian Australian protester arrested during a rally against Israeli President Isaac Herzog in Sydney, marking the first such dismissal under a now-defunct public assembly law. Eyad Shadid, 25, faced charges of refusing to comply with a police direction and resisting an officer, but a police prosecutor told Downing Centre Local Court on Wednesday that the charges were being dropped.
Shadid's lawyer, Nick Hanna, stated that the evidence showed his client committed no offence and should never have been charged. He called the outcome an important first step toward justice for Shadid and others arrested at the protest. The decision came after NSW Police Commissioner Mal Lanyon announced a review of charges laid under the Public Assembly Restriction Declaration (PARD) law, which was struck down by the Court of Appeal last month as unconstitutional.
The PARD law had been used to restrict protests for 90 days following a terrorist attack, and was cited by police to prevent a march during the February rally against Herzog's visit. The court ruling in favor of the Palestine Action Group and Blak Caucus found the law gave police excessive powers. Lanyon also indicated police are investigating whether directions under a separate 'major events' declaration were lawful.
Of the 30 protesters charged after the rally, 14 had their matters adjourned pending the review. However, some charges fall outside the PARD, including assaulting a police officer and throwing an object, leaving their status unclear. Lawyer Osman Samin noted that the collapse of the PARD could affect multiple prosecutions. The Palestine Action Group has signaled it may challenge the constitutional validity of the major events declaration used during Herzog's visit.
