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The NSW police may not be able to stop the protest against Black Lives Matter in Sydney, despite a pandemic

A radio interview may have killed NSW police plans to end Tuesday’s Black Matters Lives meeting in Sydney.

State police chief Mick Fuller vowed to do everything in his power to prevent the July 28 rally from legally taking place when he went to 2GB on Monday morning.

He told Ben Fordham, host of the breakfast show, that he had already instructed Assistant Commissioner Mick Willing to bring the case to the Supreme Court.

The police chief added that lives would be endangered and that Victoria had shown how dangerous the protests can be to health with the alarming emergence of new cases of coronavirus.

In Melbourne, at least six protesters from the June 6 rally have since been diagnosed with coronavirus.

The Commissioner’s hard-talking comments have since been described by the Supreme Court judge as “ very worrying, ” since the interview took place three hours before the police even met Paddy Gibson at the event conference.

Black Live Matters activists attended Thursday's Supreme Court hearing (pictured), where the court would decide whether the June 28 protest in Sydney can continue

Black Live Matters activists attended Thursday’s Supreme Court hearing (pictured), where the court would decide whether the June 28 protest in Sydney can continue

The activist’s lawyer, Felicity Graham, argued that the police-initiated Supreme Court action was invalid on Thursday’s hearing.

Ms Graham said the law requires the police to “consider” all matters presented by the organizers at the meeting before going to the Supreme Court.

But they claim the radio interview shows that the police had already made a decision about the protest.

Mr. Fuller’s comments indicated that this was not the case, she said.

“No evidence at all (the Commissioner) has taken into account the written comments made by Mr Gibson or any issues raised during the transfer process,” said Ms Graham at the hearing.

“It is clear that the Commissioner took a position to oppose the holding of the public meeting and made the decision to go to court before even the representations were received or the transfer process had taken place.”

NSW Police Commissioner Mick Fuller (pictured July 8) urged Sydneysiders to pledge their support for the Black Lives Matter movement in alternate forums

NSW Police Commissioner Mick Fuller (pictured July 8) urged Sydneysiders to pledge their support for the Black Lives Matter movement in alternate forums

NSW Police Commissioner Mick Fuller (pictured July 8) urged Sydneysiders to pledge their support for the Black Lives Matter movement in alternate forums

Justice Ierace said he was “very concerned” about the interview.

“If it were true that the Commissioner said publicly that he had given instructions (then) at first sight before the meeting, that would be very worrying,” he said.

NSW police say Mr. Fuller has delegated responsibility to Deputy Commissioner Stacey Maloney, who has decided to go to court after the conference.

She must testify when the hearing resumes on Friday morning.

“At the time (of the interview), the Commissioner in any case did not perform a function according to the law,” said Michael Spartalis for the NSW police.

Justice Ierace will decide on Friday whether the July 28 rally can continue due to a growing coronavirus outbreak in parts of Sydney.

NSW has been suffering from double-digit coronavirus cases almost every day since July 13 after a Melbourne freight worker spread the disease in a pub in southwest Sydney.

At least 4,000 protesters are expected to attend a Black Matters Lives rally in Sydney on Tuesday (photo, last rally on July 16 in Harbor City)

At least 4,000 protesters are expected to attend a Black Matters Lives rally in Sydney on Tuesday (photo, last rally on July 16 in Harbor City)

At least 4,000 protesters are expected to attend a Black Matters Lives rally in Sydney on Tuesday (photo, last rally on July 16 in Harbor City)

If the protest is declared illegal, police have the authority to proceed or arrest protesters blocking roads and impose $ 1,000 fines on those who break the restrictions.

At least 4,000 protesters are expected to attend the July 28 meeting organized for the family of 26-year-old David Dungay Jr, who died in captivity at Long Bay Prison in Sydney in December 2015 after he was violently released from his prison cell deleted.

Five guards were later cleared of any wrongdoing by the NSW coroner.

Mr. Dungay’s family still plans to attend Tuesday even though the meeting is declared illegal.

“Whatever a court says, this is ultimately Aboriginal country and nothing could stop us from protesting,” said his cousin Paul Silva The Daily Telegraph.

“The whole world has seen video footage of him being held and constantly begging for his life.”

“Me and my family have been fighting for the past five years.”

A Supreme Court will decide whether Tuesday's rally in Sydney can continue (photo, a previous Black Lives Matter rally at The Domain on July 5)

A Supreme Court will decide whether Tuesday's rally in Sydney can continue (photo, a previous Black Lives Matter rally at The Domain on July 5)

A Supreme Court will decide whether Tuesday’s rally in Sydney can continue (photo, a previous Black Lives Matter rally at The Domain on July 5)

Prime Minister Scott Morrison believes there should be no “special rule” or “ticket” for protests violating meeting coronavirus restrictions.

“My response to that, if an Aboriginal person and a family member of an Aboriginal person who has been taken into custody is the special rule and the ticket not to obey the law goes to the police and Corrective Services in Australia,” he Wednesday at 2GB.

Former Prime Minister Tony Abbott also struck the demonstration, describing Black Lives Matter protesters as “copycats.”

He claimed that marches are “out of place” in Australia after the movement was wiped out of the United States after George Floyd’s death.

“I don’t like the copycat culture to start with, but I especially think it is out of place here,” said a podcast with the Institute of Public Affairs John Roskam.

“I say to anyone dissatisfied with Australia, which country would you rather live in? Anyone who thinks we are somehow racist, sexist, whatever, which country is better? ‘

“And the truth is, it’s almost impossible to identify one.”

More than 4,000 protesters are expected to attend next week's rally in Sydney, raising fears that a second wave of coronavirus cases will worsen (pictured, June 6 protest in Sydney)

More than 4,000 protesters are expected to attend next week's rally in Sydney, raising fears that a second wave of coronavirus cases will worsen (pictured, June 6 protest in Sydney)

More than 4,000 protesters are expected to attend next week’s rally in Sydney, raising fears that a second wave of coronavirus cases will worsen (pictured, June 6 protest in Sydney)

Mr. Gibson said it was “critical” that the rally took place next Tuesday as the world “finally listened” to the concerns of black voices.

He said the risk of the protest was no more than the risk hundreds of people had taken in recent weeks visiting the beach, bustling markets or shopping centers.

“I understand that people would be concerned. I was in the markets over the weekend where hundreds, if not thousands, of people were visiting the markets, ”Mr. Gibson told the Today Show earlier this week.

Since early June, the NSW police have gone to the Supreme Court four times to request an order prohibiting the holding of a public meeting.

The first, a major rally in Sydney, lost “ authorized ” status and won a last-minute suspension of execution in the appeals court for technical details.

A Wollongong rally was banned in mid-June due to health risks, while a rally in Newcastle was allowed in early July after a judge determined that health risks were low.

The hearing heard that Commissioner Fuller said on the radio that he had already instructed Assistant Commissioner Mick Willing to bring the case to the Supreme Court three hours before the police for meeting Paddy Gibson (conference photo). He painted with Paul Silva, the cousin of David Dungay Jnr

The hearing heard Commissioner Fuller said on the radio that he had already instructed Assistant Commissioner Mick Willing to bring the case to the Supreme Court three hours before the police for meeting Paddy Gibson (conference photo). He painted with Paul Silva, the cousin of David Dungay Jnr

The hearing heard that Commissioner Fuller said on the radio that he had already instructed Assistant Commissioner Mick Willing to bring the case to the Supreme Court three hours before the police for meeting Paddy Gibson (conference photo). He painted with Paul Silva, the cousin of David Dungay Jnr

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