In an editorial published on Monday, the board argued that "the principle of open justice is important to maintaining confidence in our justice system" and that "justice should not only be done, but be seen to be done." The principle, it said, should apply to the state's police watchdog, particularly for an event as high-profile and politically charged as the February 9 protest against visiting Israeli president Isaac Herzog.
The opening address given on Monday will be the only public element of the inquiry, known as Operation Makalu, before five weeks of private hearings with junior police on the frontline of the protest begin.
The LECC is investigating the use of force by NSW Police while dispersing protesters. According to opening submissions from counsel assisting Kirsten Edwards, SC, it will also probe the deployment of capsicum spray on crowds that included elderly people, and the way policing decisions were made and communicated. Edwards said Operation Makalu is not a corruption inquiry and the commission would work collaboratively with police on any recommendations. "This is not an exercise in retrospective blame for its own sake," she said.
Senior officers will give public evidence in the weeks to come. However, LECC Chief Commissioner Peter Johnson, SC, has decided that police witnesses up to the rank of inspector will not be identified during proceedings, in part because of his view that conducting the hearing entirely in public could have a negative impact on social cohesion in Sydney.
The Herald acknowledged that social cohesion "has been frayed since the Hamas attacks on Israel on October 7, 2023", but argued it is "not aided by shielding police from public scrutiny." There may be reasonable cases for closed hearings, such as classified information, but beyond evidence with serious and legitimate national security implications, the hearings should be open, it said.
The editorial noted a record 800-plus complaints were lodged over the way NSW Police handled the protests. It also recalled the Wood royal commission of the mid-1990s, which found systemic and entrenched corruption in parts of the force and led to the creation of the Police Integrity Commission, later replaced by the LECC, which plays a key role in maintaining public trust in the force.