Legal Observers NSW fielded a team of 40 observers over the Rising Tide protest from Tuesday to Sunday. The following observations were made on the basis of firsthand legal observer accounts.
Key observations
Use of police resources
A significant amount of police resources Tuesday-Sunday were devoted to traffic patrols on Wharf St. Police pulled over many drivers not associated with Rising Tide for random breath tests and minor traffic infringements. Infringements included not wearing a seatbelt correctly and not indicating while turning out of a carpark.
At one point, police asked every Rising Tide participant on the beach to show them their banners to make sure they weren’t ‘offensive’.
Police set up a line of buoys in the water near the beach and threatened people with arrest and charges under the 2022 anti-protest laws if they went past this arbitrary line.
Unsafe police practices
Police engaged in unsafe arrest practices, including confiscating the oars of kayakers and leaving them in the water without oars. At one point, an older couple in a kayak was unable to come into shore due to their oars being confiscated by police and had to borrow an oar from a standing paddler to use. Police also confiscated kayaker oars before towing them back to shore, later claiming that this had been a necessary ‘rescue’ of the kayakers.
Polices also used excessive force, causing protestors scratches and bruises.
Police punctured the inflatable kayak of a protestor after arresting them and turned off their body worn camera before doing so.
At one point, a police car parked in the middle of one lane of Wharf St, causing cars to have to turn around.
Police misuse of powers
Police confiscated materials used by Rising Tide participants, potentially unlawfully.
- Police towed away a trailer of barrels used by Rising Tide with no explanation and without notifying any of the organisers
- Police confiscated up to 100 paddles from kayakers on the beach on Sunday and did not return them until Monday morning. Police stated that they were doing so in order to prevent a ‘breach of the peace’.
Police threatened to arrest Rising Tide security volunteers for engaging in security services without a license, which is a requirement only for businesses and employment. Police also told traffic marshalls from Rising Tide that they couldn’t put their arms out near a crossing to control traffic because they needed to be certified to do so.
A police officer threatened to arrest a legal observer for filming the officer pulling over a car for a traffic stop.
Legal Observers NSW 