Key facts
- NSW Police Commissioner Mal Lanyon sought to hold closed-door hearings into the Sydney anti-Herzog protest.
- The Law Enforcement Conduct Commission (Lecc) is investigating allegations of police brutality during the protest.
The New South Wales police commissioner, Mal Lanyon, made a last-minute bid to hold closed-door hearings into the Sydney anti-Herzog protest, delaying an inquiry by the Law Enforcement Conduct Commission (Lecc). Lecc chief commissioner Peter Johnson SC called the timing "regrettable" and said the inquiry into allegations of police brutality would proceed with a mix of public and private examinations.
The dispute over public versus private hearings for the Sydney anti-Herzog protest inquiry highlights tensions between police transparency and internal investigations, potentially impacting public trust and the scrutiny of alleged police misconduct.
The New South Wales police commissioner, Mal Lanyon, made a last-minute attempt to have hearings into the Sydney anti-Herzog protest conducted behind closed doors, a move that has delayed the inquiry. The Law Enforcement Conduct Commission (Lecc), which is investigating allegations of police brutality during the February 9 protest, revealed the commissioner's bid.
Lecc chief commissioner Peter Johnson SC described the timing of Lanyon's request as "regrettable," stating it impacted the investigation's progress and public resources. The inquiry, launched after widespread allegations and viral footage showing police actions, will now proceed with a mix of public and private examinations.
Lanyon's legal representatives first indicated his wish for hearings to be private on September 9, less than two weeks before public sessions were scheduled to begin. They argued that Lecc lacked the power for broad public submissions and that the investigation was already underway. However, Lecc contended it has the authority to decide on public examinations, especially given significant public information and official police narratives already in the public domain.
The inquiry, dubbed Operation Makalu, will analyze the use of OC spray, arrest powers, and police force during the protest. It will also consider police planning and areas for improvement. Private examinations will focus on factual issues, while public examinations will address systemic matters after the private sessions conclude.
Separately, Palestinian Australian Eyad Shadid filed a civil case in September, alleging assault, battery, and false imprisonment by police near Sydney's town hall. NSW Greens justice spokesperson Sue Higginson criticized the push for private hearings as an attempt to suppress public scrutiny of alleged police misconduct and command decisions.
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