Wednesday, May 16, 2012

Police v Langosch

Further to the attempt by NSW Police to compromise the commemoration of Nakba Day in the NSW Supreme Court on Monday (See my posts NSW Police Seek to Can Nakba Commemoration (13/5/12); I Am Tickled Pink to Announce... (14/5/12)), I draw your attention to two key findings of Justice Christine Adamson in the case, Commissioner of Police v Langosch [2012] NSWSC 499 (14/5/12).

The first constitutes perhaps the first reference ever in Australian case law to An-Nakba, the ethnic cleansing of most of Palestine by Zionist forces in 1948-1949.

In addition, in a state dominated either by parliamentary spear carriers for Israel (see my Witches Brew posts 17/9/11-17/12/11) or MLCs and MLAs who failed to speak out against the outrageous Legislative Council 'debate' of September 15 2011, Justice Adamson's acknowledgement of the importance of An-Nakba to the Palestinians perhaps goes some way in reassuring us of the continuing and vital independence of the NSW judiciary:

"28 The purpose of the public assembly is to commemorate the day on which Palestinians were dispossessed from areas which now form part of the State of Israel. This year, 2012, Nakba Day, 15 May, falls on a weekday. I do not regard it as reasonable to expect persons commemorating a particular date to defer or bring forward its commemoration so that it can be commemorated on a weekend. Nakba Day ought to be regarded as a day which, like ANZAC Day, Christmas Day or Australia Day, is referable to a particular date which is not movable. This is of significance since objection is taken by reason of the fact that the public assembly is to occur on a weekday, rather than on a weekend."

Likewise, her defence of basic democratic principles is most encouraging:

"34 Were I to have made the order sought by the plaintiff, I would be inhibiting, albeit in a small way, the right to freedom of expression and assembly. In refusing the order, I am, also in a small way, providing some sanction to a significant disruption to the routines of many commuters on a single evening and delaying their arrivals home by minutes if not hours."

All of which means that Justice Adamson is now potentially fair game for the usual suspects in the Murdoch press and The Australian Jewish News.

Watch this space.

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