A Palestinian Australian man who alleges he was punched in the face when trying to stop police from harassing Muslim men praying during an anti–Isaac Herzog protest is suing New South Wales over “a series of false accusations”.
Eyad Shadid has launched a civil case in the NSW district court, alleging he was assaulted, battered and falsely imprisoned by police near Sydney’s town hall.
The Palestine Action Group member, in his statement of claim, says NSW police committed misfeasance in public office and subjected him to a malicious prosecution.
“I attended the protest to object to our government rolling out the red carpet for Isaac Herzog, president of a state that has been found by United Nations commissioners and most major human rights organisations to be perpetrating a genocide,” Shadid told Guardian Australia.
“The right to protest in this state must mean more than words on paper and, if we must go to court to prove that, then so be it. I did not go to town hall looking for trouble. I went to be counted.”
Shadid, 26, was looking for his mother – who, like his father, is from Palestine – after they became separated during the protest on the evening of 9 February.
He found himself between a group of Muslim men praying and advancing police when, according to his statement of claim, he told officers: “Stop, they are praying.”
Const Daniel Stewart then allegedly dragged Shadid, who had travelled from Parramatta, to the ground and punched him in the face and twisted his wrist. Another officer kneeled on his head, the documents allege.
Shadid alleges that when on the ground another officer handcuffed him and he was taken into custody. He was charged with failing to comply with a police direction and resisting arrest.
In May, NSW police dropped the charges. Since then, three others charged after the protest have had their charges withdrawn. More than 20 protesters are due to face a joint trial in mid-2027.
Shadid alleges in court documents that Stewart failed to tell another officer deciding whether to charge him that the police line had been advancing towards people praying – and he’d requested the police stop because of that.
He claimed the omission was “deliberate” and that Stewart falsely alleged Shadid threatened him with words to the effect of: “Mate, I’d fuckin’ drop you.”
In his police statement, Stewart wrote the group of men “began” to pray as the police line moved forward and he was acting in the lawful execution of his duty when he arrested Shadid.
Shadid claims that allegation was “dishonest” and designed to make it look like the prayer was a “cynical ploy” to frustrate officers.
NSW police issued a statement three days after the protest confirming the prayer had been authorised, but claimed that message was not passed on to officers. The police commissioner, Mal Lanyon, apologised “for any offence that may have been taken” after officers dragged away those praying.
After Shadid’s charges were dropped, the police prosecutor agreed officers had not given him a move-on direction. The 26-year-old was awarded costs.
“As a consequence of the matters pleaded herein, the plaintiff was assaulted, battered, falsely imprisoned, subjected to a misfeasance in public office, and maliciously prosecuted,” his statement of claim argues.
Shadid, a social services worker, is seeking aggravated and exemplary damages, arguing there was an “oppressive abuse of police powers” and he was prosecuted for “exercising a lawful democratic right to engage in peaceful protest”.
Shadid said after he was charged his name was published in media reports and he lost business clients.
Shadid’s lawyer, Nick Hanna, said the case involved “very troubling allegations of police misconduct”.
“We claim that Mr Shadid was violently assaulted and arrested without any lawful basis and then charged and prosecuted on the basis of a series of false accusations and misleading omissions,” Hanna said.
The defence is yet to file its response to Shadid’s statement of claim. The NSW premier, Chris Minns, and NSW police declined to comment while the matter was before the court.
Minns said after the rally that police were “put in an impossible situation” after protesters attempted to defy the public assembly restriction declaration (Pard) law. He refused to apologise to the prayer group or for the police’s conduct.
In April, the state’s court of appeal found that law unconstitutional, ruling in favour of the Palestine Action Group and Blak Caucus.
Derek Jones, who became known as “white shirt guy”, said in May he intended to launch legal action in the supreme court against police regarding their conduct at the Herzog rally.
“It was completely unprovoked, unwarranted, excessive, crazy,” the 56-year-old finance worker told Guardian Australia at the time.
The February protest is the subject of a police watchdog investigation after allegations of widespread police brutality. Footage emerged earlier this week of a separate incident in which an officer boasted about punching a protester.
The police commissioner, when asked about the video on Wednesday, said: “The language is something that I don’t condone, but I need to understand the context of it.”
Herzog was invited to Australia by the federal government after the antisemitic massacre in Bondi when 15 people were killed by two allegedly Islamic State-inspired gunmen.
