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Confusion, frustration and poor communication between police and protesters have been captured in a series of dramatic videos that reveal how moving on a small protest resulted in a former political candidate suffering a serious eye injury.
Hannah Thomas, who stood for the Greens against Prime Minister Anthony Albanese in the seat of Grayndler at last month’s election, was left with loss of vision and an injury that required surgery, with police declaring a critical incident.
The Herald has constructed a timeline using video taken by attendees, police fact sheets and court documents revealing the moments leading up to and directly after Thomas’ injury, as police launch a major investigation into the incident.
The documents contradict key claims made by police in the days after the protest, and appear to show officers at the scene failing to explain what laws they were relying on to break up the demonstration.
5.30am: Protesters arrive, police issue move-on directions
Protesters Thomas and Zack Schofield, along with a third pro-Palestine protester who requested anonymity, park a few streets away from SEC Plating on Lakemba Street, Belmore ahead of the protest.
The group says the business supplies plating services for F-35 jets used by the Israeli Defence Forces (IDF).
Speaking with the Herald, Schofield said the trio were the first to arrive, but heard from other protesters that police were moving people on before they had exited their vehicles.
NSW Police were called to the scene about 5:30am.
A video taken shortly after shows Schofield speaking to police on a quiet footpath at the corner of Peel and Lakemba streets.
A female officer tells Schofield: “Today is an unauthorised protest, so we’re moving anyone on. OK?”
A second officer, a male, identifies himself as a senior constable.
“I’m just giving you move-on directions, OK? Do not come back here for 24 hours. If you come back, you’re not complying with my directions [and] you’ll be arrested,” he says,
Schofield again agrees: “We’re establishing we’re currently on public land, we’re not on private property?”
The male officer responds: “Correct”.
Schofield then turns and walks away. A second person seen walking slightly ahead of him is Hannah Thomas.
About 6am: Protesters return, Schofield arrested
The group gathered in Peel Park to discuss their next move, Schofield said.
A police fact sheet for Schofield, seen by the Herald, said he left before returning with “a group of about 30 people”.
Police said a total of 60 protesters were issued move-on orders.
Video footage shows protesters questioning police. One woman identifies herself as a lawyer and questions what the police are ordering them to do.
“Everybody has to go,” the male officer says, adding the protesters were expected to leave the suburb of Belmore for at least 24 hours.
When questioned, the male officer tells protesters, “If you’re not educated, go read something”.
“You’re making shit up,” one protester says.
Schofield then asks the officer to cite the legislation that empowers officers to issue move-on orders.
“Can you name it, please, because this is actually counter to LEPRA [the Law Enforcement Powers and Responsibilities Act],” he says.
The male officer then grabs Schofield by the upper arm, pulling him away as a scuffle breaks out between protesters and officers.
“I did not resist at all, but as soon as he placed his hands on me, other people in the crowd placed their hands on me, to try and pull me back. I asked them repeatedly to let go so that I could be arrested,” Schofield later told the Herald.
His court attendance notice states he was arrested at 6.30 am; however, he believes it was about 30 minutes before this.
The fact sheet does not give a reason for the original move-on direction issued to Schofield, other than to state he was a member of the “Weapons of the West” protest group and “had the intention of protesting” outside SEC Plating.
“Police approached the group, identified themselves and issued a move-on direction to the group, which included the accused,” it reads.
“On this occasion, the accused failed to comply with the move-on directions. As a result, police attempted to place the accused under arrest. While affecting the arrest, the accused began resisting police.”
Despite that, NSW Police have maintained that the protesters were issued move-on orders for allegedly attempting to block pedestrian access to the business.
Thomas arrested
Thomas is arrested and injured shortly after Schofield’s arrest. Videos show a group of officers moving in to grab her as protesters chant “free Palestine”.
“Help me, help me,” Thomas can be heard yelling.
There is a struggle as other protesters attempt to stop them. A man repeatedly shouts, “Let go of her, please let go of her”.
On Monday, Assistant Commissioner Brett McFadden said Thomas’ injury happened during her arrest.
She was given a move-on direction and “failed to comply with that,” he said.
“Attempts were made to arrest her. She resisted, and other people became involved. A scuffle ensued, and she sustained the injury, we believe, during the course of that arrest.”
Footage seen by the Herald appears to show the injury occurring after Thomas had been pulled away from the protest group. As she is led away by officers, she appears to stop, before an officer sticks a leg out and they both fall to the ground. The video shows an officer repeatedly telling Thomas to “get up”. She can be heard responding: “I’m trying”.
Hannah Thomas, circled, can be seen falling during her arrest.
Schofield said the pair were sat on a low brick wall in front of SEC Plating for around 20 minutes.
“Hannah sat at the other end of the wall. Blood pouring out of her eye. I asked if I could sort of move closer to her to give her some comfort. I was told that I could not,” he told the Herald.
Hannah Thomas in front of SEC Plating.
A photo taken shortly after the arrest showed Thomas standing against the wall with her eye injury.
Schofield was then searched and taken into custody.
In the background of a video of his search, a man can be heard yelling: “There’s a hundred of you here – there’s not one fucking ambulance.” Thomas was taken to hospital by ambulance.
Protesters question injuries as third man arrested
A third man, known as Brandon, is arrested and searched, removing his shoes and socks before being led handcuffed to a police car.
During his search, protesters start chanting “too many coppers, not enough justice”.
They are directed to move off the road by police.
“You should be ashamed of yourselves,” a woman yells.
No police officers have been accused of wrongdoing.
In total, five people were arrested.
‘Place of worship’ raises questions
On Sunday, the Herald revealed a police fact sheet for a 29-year-old who was also arrested at the protest mentioned a “place of worship”. It raised concerns among legal experts and MPs that police had relied on controversial protest laws passed by the Minns government in February after the so-called Dural caravan incident.
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SEC Plating is opposite the Teebah Islamic Association Mosque.
Police and Minns have denied the new protest laws were used, with the premier saying it was “unfortunate” this masthead had reported the reference to “places of worship” in the fact sheet.
The Herald repeatedly asked Minns’s office and police about the arrest on Sunday, but they did not issue a statement directly responding to the 29-year-old’s arrest. Instead, police repeated that the group was arrested for allegedly attempting to block pedestrians.
On Monday, McFadden told ABC Radio the move-on directions “were not done in relation to the new laws”. The reference to a place of worship, he said, “was made in relation to the use of offensive language”.
But documents obtained by the Herald contradict that claim.
The original fact sheet obtained by the Herald which mentions the place of worship was for the 29-year-old arrested for failing to comply with a move-on direction. There is no offensive language charge attached to it.
The Herald has also obtained a fact and charge sheet for the 41-year-old man who was charged with using offensive language. Those documents do not mention a mosque or place of worship.
Greens MP Sue Higginson wrote to Premier Chris Minns on Monday morning demanding that all charges laid against the protesters be withdrawn.
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Minns has defended the arrests, saying he was “certainly not going to condemn the police” over the incident.
On Monday, Minns said police used existing powers under LEPRA, but declined to say what they were.
“My understanding is [police were called] because there was a series of protests in front of a private business in the state, they are entitled to protest, but businesses in NSW are entitled to run their companies as well,” he said.
Police claim 29-year-old arrested for causing “fear and alarm”
Police originally insisted move-on directions at the protest were issued for blocking pedestrians, but footage taken at the scene seems to contradict that claim.
Another video, shot about 6:10 am, shows a legal observer who accompanied the protesters asking an officer why the 29-year-old had been issued a move-on direction.
“Can you please give me the reason [they were] issued with the move-on direction, I understand [they were] on the footpath?” the observer asks.
“I gave [them] an official move-on direction; [they have] to leave the immediate vicinity.”
“[Were they] obstructing somebody?” the observer asks.
“[Their] presence, under [section] 197 [of LEPRA], the previous protests at this location, would cause fear and alarm to members of the public and to workers here [and] as such [their] presence has caused that or will cause that and I’ve issued that move-on direction,” the officer says.
The reference to “fear and alarm”, and section 197 of the legislation governing police powers in NSW, is significant.
That section usually only applies to genuine protests in cases where officers decide there is a “serious risk” to a person’s safety, they are obstructing traffic or, after the laws introduced by Labor this year, it is taking place near a place of worship.
Asked again by the legal observer whether they were “obstructing somebody or obstructing traffic”, the officer replies: “That’s not the reason for my move on, it has nothing to do with traffic”.
“I’m not moving [them] on for blocking traffic, I’m moving [them] on for causing fear and alarm,” he says in the footage. “It’s a different part of LEPRA. You can sit there and say it’s all about traffic but it’s not.”
The officer does not mention a risk to a person’s safety.
Charges laid
By Sunday afternoon, all five people arrested at the scene had been charged.
The 29-year-old was charged with refuse/fail to comply with direction under part 14; a 24-year-old man was charged with larceny and goods in personal custody suspected being stolen; and a 41-year-old man was charged with use offensive language in/near public place/school.
Schofield, 26, was charged with refuse/fail to comply with direction under part 14 and hinder or resist police officer in the execution of duty.
They were all granted conditional bail to appear before Bankstown Local Court on July 15.
Schofield said his phone fell out of his pocket sometime during or before his arrest. While in custody, he said an officer told him they were seizing it for evidence, which Schofield said he did not consent to.
While in hospital, Thomas, 35, was issued a future Court Attendance Notice for hindering or resisting a police officer in the execution of duty and refusing/failing to comply with a direction to disperse.
Speaking from her hospital bed on Sunday evening after undergoing eye surgery, Thomas blamed “draconian protest laws” for her injury.
“I look like this now because of Chris Minns and Yasmin Catley and their draconian anti-protest laws and their attempts to demonise protesters, especially protesters for Palestine. They’ve emboldened the police to crack down with extreme violence and brutality, and they were warned that those laws would lead to this outcome,” she said.
Thomas said doctors told her she may be left without vision in her right eye.
She will appear at Bankstown Local Court on August 12.
Critical incident declared
On Monday, police declared Thomas’ injury a critical incident after her solicitor provided medical information to police.
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Critical incidents are events which involve a member of the police force that result in the death of or serious injury to a person.
The documents were reviewed by the NSW Police medical officer, who determined the level of injury warranted a critical incident declaration.
A critical incident team from Campbelltown City Police Area Command will conduct the investigation, which will be reviewed by the Professional Standards Command and overseen by the Law Enforcement Conduct Committee.
Addressing the media on Monday, McFadden said police would look into the “full circumstances” of Thomas’ injury, but wouldn’t be drawn into the details of her arrest.
“It is unfortunate that any person gets injured, and we take the nature and assessment of those injuries quite seriously,” he said.
