Hannah Thomas, a former Greens candidate, has been awarded nearly $22,000 in legal costs after all charges against her were dropped. The decision follows her injury during an arrest at a pro-Palestinian rally in June. Thomas was part of a group protesting outside SEC Plating in Belmore, claiming the company supplies parts for F-35 jets used by the Israel Defense Forces. SEC Plating has denied these allegations.
During her arrest, Thomas sustained a serious eye injury, which she claims was caused by a police officer who punched her as authorities attempted to disperse the protest, deemed unauthorized. Last week, all charges against her were withdrawn, along with those against three other protesters: Zachary Schofield, Shane Reside, and Holly Zhang.
The Office of the Director of Public Prosecutions did not contest the cost order requested by Thomas's lawyer, Peter O'Brien. However, the Crown argued in Bankstown Local Court that some aspects of the claim were unrelated to the prosecution of the charges. Magistrate George Breton ruled that the proceedings against all four defendants were initiated without reasonable cause. He noted that police and prosecutors conceded there was "no reasonable prospect of success" due to flaws in the prosecution's case.
The magistrate highlighted that the alleged unlawfulness of the protest was improperly used as justification for the police's actions. He determined that a cost of $21,795 was just and reasonable for Thomas's case. Schofield and Zhang were awarded $6,160 and $6,530, respectively, while Reside received just under $5,000. The cases against Schofield, Reside, and Zhang remain with police prosecutors.
Magistrate Breton emphasized the complex legal issues surrounding police powers in these cases. He stated that defendants, presumed innocent, should not bear the burden of proving their innocence when the state is involved. "In this case, it seems that was fairly obvious and a necessary step to take," he remarked.
During discussions about the costs order, O'Brien described Thomas's case as an example of "irresponsible and baseless" prosecutions. He alleged that Thomas was "punched gratuitously in the face" during her arrest, which he characterized as "plainly unlawful." O'Brien has indicated plans to pursue civil action against NSW Police in the Supreme Court, citing malicious prosecution, assault and battery, malfeasance in public office, and collateral abuse of process.