Witness claims officer agreed to let prayer go ahead before violent Sydney protest scenes

The NSW premier has refused to back an independent investigation into police actions at Monday’s protest, as a witness to the moment police dispersed praying protesters alleges a senior officer had agreed to allow the worshippers to proceed.

There are growing calls from within Chris Minns’ party and from the Muslim community for an independent investigation into allegations of police brutality at the protest against visiting Israeli President Isaac Herzog.

The Law Enforcement Conduct Commission (LECC) may investigate if it determines the behaviour of officers may amount to serious misconduct. However, the premier said he would support other forms of investigation, which could include a parliamentary inquiry.

“I don’t support an independent investigation,” Minns said during question time on Thursday. “I don’t and I want to make it clear, I’m not going to condemn the police for doing what we ask them to do to keep the public safe.”

His comments come after all four Labor MPs who attended the protest backed calls for some form of inquiry. The Greens have lodged a complaint with the LECC urging it to investigate.

Independent member for Wentworth Allegra Spender wrote to NSW Police Minister Yasmin Catley to call for an independent inquiry to “restore public trust”.

Minns declined to apologise to Sydney’s Muslim community for the police breaking up a prayer at the Town Hall rally, saying the officers were doing what they had to do in the middle of a “riot”. One of Minns’ closest friends and allies and the only Muslim minister in cabinet, Jihad Dib, said the scenes of Monday should never have happened.

“I don’t agree with him … but he’s approaching this situation from a perspective of trying to make it better and repair the relationships,” Minns said.

Minns has repeatedly backed police, telling those concerned by vision of officers repeatedly punching a man while on the ground that the full context is not shown in short clips. Minns said on Thursday further vision may come from NSW Police.

“I’m sure there wouldn’t be any problem with releasing communication, images or video to demonstrate how difficult the police had it,” Minns said.

“Ten people were charged with assaulting police and there’s been allegations of very serious offences like biting police officers. That’s the full context that has slowly emerged since the scenes of Monday evening.”

Of the 10 protesters charged, five were charged with the offence of assaulting police, one was charged with assault occasioning actual bodily harm, two were charged with hindering or resisting law a law enforcement officer in the execution of duty, one was charged with throwing a missile at an officer and another was charged with behaving in an offensive manner near a school or public place.

NSW barrister and former police officer Mahmud Hawila, who has acted for pro-Palestine protest organisers, including the Palestine Action Group, witnessed police aggressively dispersing Muslim worshippers bowed in prayer on Monday.

He said he had reached an agreement with the most senior police officer in Town Hall Square, acting superintendent David El-Badawi, that the men and women would be allowed to finish the short prayer and Hawila would then help them to disperse immediately.

He said El-Badawi approached the police and told them to wait, but that some officers, who may not have heard, moved in, and what followed was “entirely unnecessary violence” including the use of pepper spray.

“El-Badawi is a hero. He did the right thing. It is a shame other cops failed to display the same professionalism,” Hawila said. “The whole prayer only runs for less than five minutes.”

He said Police Commissioner Mal Lanyon had also told him after the incident that he would give a public apology at a press conference on Tuesday morning, after Hawila said a private apology was not sufficient.

“We’re still calling for a public apology because the hurt in the community runs deep,” Hawila said.

“I call on Clover Moore to release the CCTV from Town Hall Square – there is fantastic camera coverage there.”

He said there should also be an “external investigation entirely independent to police”.

“The police used immense violence. It was entirely unnecessary. The CCTV will show it.”

Hawila said police had issued a move-on direction earlier for named streets and the footpath, but not for Town Hall Square.

“These people were not baiting the police. They were defenceless and doing nothing wrong.”

Lanyon has said he contacted senior members of the Muslim community and apologised for any offence. He told ABC Sydney Radio on Thursday: “This was not targeting any religion.

“I have apologised for … offence taken for interfering with that religious process. But it needs to be taken in context that we were moving a violent and aggressive crowd backwards.”

NSW Police was approached for comment.

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