NSW Premier Chris Minns, Police Minister Yasmin Catley and Tourism Minister Steve Kamper have been subpoenaed to give evidence in the criminal case against protesters who opposed the visit of Israeli President Isaac Herzog, with the subpoenas calling for evidence on March 8, just five days before the state election.
Defence solicitor Nick Hanna told the ABC the government had admitted involvement in operational decisions about the protest, which he said the defence expected to argue likely amounted to improper interference in what should have been independent police decision-making. “We want to question him about that involvement,” Mr Hanna said, referring to the premier. He pointed to comments Mr Minns made three days after the February 9 rally: “We can’t blame the police for doing what we asked them to do, and that is to keep the people of New South Wales safe, protect mourners who were down at the ICC on that evening.”
On October 19, after the Law Enforcement Conduct Commission began hearings into police conduct at the protest, Mr Minns said the government was part of the decision-making. “We were part of this decision-making too,” he said. The government appeared to give police access to two sources of additional power on the night: a Public Assembly Restriction Declaration under a post-Bondi Beach attack law later ruled unconstitutional by the Court of Appeal, and a Major Events Declaration made by Mr Kamper, which protest organisers unsuccessfully challenged at the eleventh hour.
Police Commissioner Mal Lanyon, Assistant Commissioner Paul Dunstan, and chiefs of staff for the premier and police minister have also been subpoenaed. Spokespersons for Mr Minns and the two ministers said it would be inappropriate to comment as the matter was before the courts. NSW Police has been approached for comment. Police have withdrawn 10 of the original 30 prosecutions, and a trial involving at least 16 protesters is expected in July 2027.
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Analysis
Why This Matters
The subpoenas raise questions about political interference in police operations just before a state election.
The use of a post-Bondi law later ruled unconstitutional could have legal repercussions.
The case tests the balance between public safety and the right to protest.
Background
The protest on February 9 was against Israeli President Isaac Herzog’s visit to Sydney. The government used a Public Assembly Restriction Declaration (PARD) made under a law introduced after the Bondi Junction stabbing attack, which was later ruled unconstitutional by the Court of Appeal. A separate Major Events Declaration was made by Tourism Minister Steve Kamper. The defence claims the government’s involvement in policing the protest was unlawful.
Key Perspectives
Protesters’ solicitor Nick Hanna: Says the government improperly interfered in police operational decisions, and that the premier’s comments indicate the government asked police to act in a certain way.
Government spokespersons: Said it would be inappropriate to comment while the matter is before the courts.
What to Watch
Whether the subpoenas are set aside on application by the ministers or officials.
The March 8 court date, five days before the March 13 state election.
The trial in July 2027, which will test the legality of the police operation and the government’s role.
12 claims in this story checked against 1 source: 11 supported.
Show each claim
SupportedThe NSW premier, Police Minister Yasmin Catley and Tourism Minister Steve Kamper were subpoenaed in the criminal case against protesters who opposed Isaac Herzog’s visit.Just In: “Chris Minns, Police Minister Yasmin Catley and Tourism Minister Steve Kamper have been served with subpoenas to give evidence on March 8, just five days before voters head to the polls on March 13.”
SupportedThe subpoenas call for evidence on March 8, five days before the state election.Just In: “have been served with subpoenas to give evidence on March 8, just five days before voters head to the polls on March 13.”
Partly supportedHanna told the ABC that the government had admitted involvement in operational decisions about the protest.Just In: “Defence solicitor Nick Hanna told the ABC the premier had openly admitted his government was involved in operational decisions about the Herzog protest.”
SupportedHanna said the defence expected to argue the involvement likely amounted to improper interference in independent police decision-making.Just In: ““We want to question him about that involvement, which we expect to argue likely amounted to improper interference in what should have been independent police-decision making,” Mr Hanna said.”
SupportedHanna said, “We want to question him about that involvement.”Just In: ““We want to question him about that involvement, which we expect to argue likely amounted to improper interference in what should have been independent police-decision making,” Mr Hanna said.”
SupportedMinns said three days after the February 9 rally, “We can’t blame the police for doing what we asked them to do, and that is to keep the people of New South Wales safe, protect mourners who were down at the ICC on that evening.”Just In: “Mr Minns said on February 12. “We can't blame the police for doing what we asked them to do, and that is to keep the people of New South Wales safe, protect mourners who were down at the ICC [where Mr Herzog was speaking] on that evening,””
SupportedOn October 19, Minns said, “We were part of this decision-making too.”Just In: “On October 19, the day the Law Enforcement Conduct Commission (LECC) began hearings examining police conduct at the protest, Mr Minns said the government was involved. “I'm not gonna be in a situation now that LECC is looking at police operations where I try and distance myself from it,” he said. “We were part of this decision-making too.””
SupportedA Public Assembly Restriction Declaration was made under a post-Bondi Beach attack law later ruled unconstitutional by the Court of Appeal.Just In: “One was a Public Assembly Restriction Declaration (PARD) made under a post-Bondi Beach attack law that was later ruled unconstitutional by the Court of Appeal .”
SupportedKamper made a Major Events Declaration that protest organisers unsuccessfully challenged at the eleventh hour.Just In: “The other was a Major Events Declaration, which the protest organisers unsuccessfully challenged at the eleventh hour . The Major Events Declaration was made by Mr Kamper in his capacity as tourism minister”
SupportedPolice Commissioner Mal Lanyon, Assistant Commissioner Paul Dunstan, and the chiefs of staff for the premier and police minister were also subpoenaed.Just In: “Police Commissioner Mal Lanyon, Assistant Commissioner Paul Dunstan, and the chiefs of staff of the premier and police minister have also been subpoenaed to give evidence.”
SupportedPolice withdrew 10 of the original 30 prosecutions.Just In: “Police have withdrawn 10 of the 30 original prosecutions over the rally”
SupportedA trial involving at least 16 protesters is expected in July 2027.Just In: “with a trial involving at least 16 protesters expected to take place in July 2027.”
Correction
An earlier version of this story said Mr Minns made the comments two days after the February 9 rally. He made them three days after the rally, on February 12.