Supreme Court dismisses OFarrell ordered Challenge of Occupy Sydney Occupiers lower Court win
April 24, 2013 § 3 Comments
In a caselaw setting precedent The Supreme Court of NSW today dismissed the Barry O’Farrell ordered DPP appeal of a District Court ruling in favour of an occupier on charges of staying overnight in Martin Place.
In May 2012 following the dismissal of a District Court prosecution Premier Barry O’Farrell and NSW Police Commissioner Scipione used Ray Hadleys 2UE show to assert that “The Courts should support the police” and call on the Director of Public Prosecutions to appeal that decision. This action by the then newly elected Premier of NSW caused ripples of concern among Occupy supporters and the public relating to the independence of the Judiciary from the Political arm of Government.
Todays ruling (DPP v Lance Priestley ) vindicates the occupier assertion that the regulations are so vague as to be potentially impossible to understand and therefore to comply with.
The Judge ordered the Appeal dismissed with costs against the Crown.
The ruling may have positive implications for 13 occupiers who have long awaited an outcome of the charges brought in relation to the Oct 23 2011 eviction of Occupy Sydney which Occupiers contend was illegal
Barrister Jason Donnelly for the defendant can be contacted at http://www.jdbarrister.com.au/