The New South Wales police commissioner’s late request to hold parts of the inquiry into a February protest against Israeli President Isaac Herzog in Sydney behind closed doors has caused delays in the investigation, according to the state’s police watchdog.
The Law Enforcement Conduct Commission (Lecc) announced that its probe into the demonstration, which took place on February 9 outside Sydney’s town hall, will proceed with a combination of public and private hearings. The inquiry was triggered by widespread reports of police brutality during the event, where several protesters, including elderly demonstrators, and 10 officers sustained injuries. Footage widely circulated on social media showed police officers punching protestors and handling Muslim worshippers performing sunset prayers in a manner described as aggressive.
The commission revealed that NSW Police Commissioner Mal Lanyon’s legal team first raised objections to the planned public nature of the hearings on September 9, less than two weeks before scheduled public sessions were to begin. The commissioner sought to restrict the inquiry’s opening address and witness examinations to private settings, arguing that the Law Enforcement Conduct Commission Act does not authorize “broad ranging open submissions” during an ongoing investigation. Lanyon’s lawyers also opposed livestreaming parts of the proceedings.
Lecc chief commissioner Peter Johnson SC criticized the timing of the request, calling it “regrettable” given its disruption to preparations and the efficient use of resources. As a result, the start of public hearings, initially set for September 21, has been postponed to allow time for a private hearing to address the issue. Johnson ruled that private sessions would focus on establishing facts, while public examinations would be reserved for systemic issues, following the completion of private hearings.
Lecc’s counsel assisting maintained that public scrutiny is essential, citing the substantial amount of information already in the public domain, including police use-of-force video footage and official statements from senior officers. They emphasized that prominent police commentary increased the necessity for independent oversight. The inquiry is also responding to significant community concern, particularly within Western Sydney’s Islamic population.
The commission plans to begin with a public opening address on October 19 and continue with five weeks of private hearings. Senior police officials are expected to give testimony during subsequent public sessions. The operation, dubbed “Makalu,” will review the use of OC spray, alleged improper arrest powers, police planning before the protest, and potential improvements in protest policing.
The inquiry follows ongoing legal and political fallout. Palestinian Australian Eyad Shadid has filed a civil case in the NSW District Court alleging assault, battery, false imprisonment, and malicious prosecution by NSW police related to the protest. Meanwhile, NSW Greens justice spokesperson Sue Higginson described the police commissioner’s push for closed hearings as a “remarkable attempt to suppress public examination” of serious misconduct and to hinder transparency over command decisions that reportedly led to police violence.
Lecc reported receiving a record 800 complaints concerning the protest, reflecting high public concern. At a parliamentary inquiry in May, Johnson had described the relationship between Lecc and NSW Police as “difficult,” noting police had become “overly defensive” in response to information requests. NSW Police responded by asserting its cooperation with the commission under the Law Enforcement Conduct Commission Act and acknowledged the decision for private hearings, expressing anticipation of the inquiry’s findings.