It's been a decade since his uncle died in custody. Despite bans, Paul plans to protest

The nephew of David Dungay Jr says he's expecting a heightened police presence at a rally organised for Sunday.

Paul Silva, a nephew of David Dungay Jr, is seen during an Invasion Day rally, in Sydney. Source: AAP / Bianca De Marchi

WARNING: This article contains the name of an Aboriginal person who has died.

Paul Silva is expecting a heightened police presence at a rally he's organising to protest against Indigenous deaths in custody.

The rally, to be held on Sunday, has been rendered unlawful after the NSW police commissioner extended the government's controversial ban on protests.

Police have the power to refuse to authorise protests in key Sydney areas for up to three months, under restrictions that came into effect after 15 people were killed in a terrorist attack at Bondi Beach in December.

Police can extend the ban on a fortnightly basis.

Mr Silva's rally will also mark 10 years since the death of his uncle David Dungay Jr in Long Bay Prison.

Mr Dungay, who was diabetic, had been restrained by five prison guards after refusing to stop eating biscuits in his cell.

As the guards forcibly moved Mr Dungay, he repeatedly cried out "I can't breathe" before his death.

A 2019 inquest made recommendations regarding training, with the coroner finding the way in which Mr Dungay was restrained contributed to his death.

But the coroner cleared custodial staff and rejected a submission from Mr Dungay's family that four corrective services officers be referred for disciplinary proceedings.

Mr Silva said it is important to continue to draw attention to the stories behind the harrowing deaths in custody statistics.

He doesn't expect the restrictions to deter those who were already planning to attend the rally.

A massive crowd marched through Sydney during the Invasion Day rally on January 26, 2025. Source: AAP / STEVEN MARKHAM/AAPIMAGE

Mr Silva intends to march through the streets of Sydney as originally planned, saying he sees the ban as illegitimate.

"We're there to identify what's happening within society, we're not there to create any violence or conflict between police or any other members in society," he told AAP.

"It's about ... as First Nations people, resisting the government and colonial system."

Mr Silva is also involved in organising an upcoming invasion day rally in Sydney.

While the event is not currently impacted by the protest rules, Mr Silva said it would be "disgusting" if they were extended further.

"It's a significant day for Aboriginal people and we've been protesting and mourning on that day in many ways, shapes and forms for 237 years," he said.

"If the government and police decide to implement the full extent of the laws upon January 26, that will expose how the system actually comes to the table with First Nations people."

While Mr Silva is concerned about the impact of these laws on protest, he said it will not deter him from organising future events and called on other groups to continue to organising rallies for their causes.

"Go ahead with it, don't let these laws silence us, don't let these laws be another form of oppression in 2026," he said.

"Whether it's a death in custody, brutalisation, land theft, racial discrimination within society, it's important that we call it out."

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