The Law Enforcement Conduct Commission (LECC) began its inquiry into the February 9 rally on Monday, with counsel assisting Kirsten Edwards SC detailing a series of concerns about police conduct during the dispersal of protesters outside Sydney Town Hall. Edwards said witness recollections of the SCG briefing varied, but officers were consistently told the protest was to remain static and that a march was not permitted.
Edwards told the commission that more than 1,000 video clips were being examined and that the evidence so far showed protesters were "largely peaceful" in the early stages, with later conduct described by police as aggressive being "for the most part verbal". The commission is investigating the use of OC spray, police corralling protesters into areas where they could not leave, and allegations of officers boasting about gratuitous force. One case study examined is an incident where Muslim protesters were dispersed while conducting evening prayers, after a senior officer had reportedly given permission for the prayers to proceed.
Premier Chris Minns said on Monday the state government was also part of the decision-making, noting the government had directed police not to allow protesters and the nearby Jewish community to clash. He defended the informal nature of the SCG briefing, saying police were operating in a fast-moving environment.
David Sulan SC, acting for the police commissioner, told the inquiry there was an "unprecedented level of serious verbal abuse" directed at police. He said there were many positive acts of policing during the protest.
The LECC received more than 800 reports leading to 400 formal complaints about the use of force. After an intervention from Commissioner Lanyon, who raised concerns about the chilling effect on public order policing, the commission agreed to hold hearings for officers up to the rank of inspector in private. The inquiry will now shift to five weeks of private hearings with junior police, with selected case studies expected to be examined in later public hearings.