Organisers of a Sydney Black Lives Matter protest scheduled for Tuesday will call off the demonstration if the NSW Premier agrees to reopen a death in custody investigation.
The family of David Dungay Junior, an Indigenous man who died in a Sydney jail in 2015, said they would cancel the prohibited march if that demand was met.
“If the premier can commit to asking Safework NSW and the DPP to investigate whether charges can be laid in relation to my Uncle’s death I’m sure that we can put off the protest,” Mr Dungay's nephew Paul Silva wrote on Facebook.
“I would like the premier to confirm that black lives matter in NSW by asking for that investigation, if she refuses then it just goes to show that no one cares about our lives and we will see you on Tuesday,” he said.
The NSW Supreme Court on Sunday ruled the rally a prohibited gathering, meaning organisers and attendees face being fined or arrested if they show up.
NSW Police said the rally would be irresponsible giving the coronavirus situation in the state.
The protest organisers are appealing the decision in the NSW Court of Appeal on Monday afternoon.
Organiser Paddy Gibson produced a COVID safety plan for the rally, in which he said people should wear masks, practice hand hygiene and leave contact details with organisers so they could be notified in the event a demonstrator tests positive to coronavirus.
Other Black Lives Matter protests have been attended by tens of thousands across the country in recent months, though very few COVID-19 cases have been linked to any of them.
The death of Mr Dungay has been compared with the death of George Floyd, which sparked large-scale demonstrations across the US.
Mr Dungay, who was 26 when he died, was weeks away from being released from Long Bay jail when prison staff ordered him to stop eating biscuits. When he refused, guards moved him to another cell and held him down.
In CCTV footage, Mr Dungay could be heard saying "I can’t breathe" at least 12 times.
