- (c) the second audio-visual recording of the LWS rally filmed by Mr Fernando using an iPhone which was directly streamed via Facebook Live to his Facebook page (the Fernando stream) at page 1 of RF-1 and at CC:254;
- (d) the audio-visual recording taken by Ms Keen which was livestreamed on and then subsequently uploaded to her YouTube page (the Keen footage) (Ex A137); and
- (e) the audio-visual recording entitled "Let Women Speak Melbourne 2023 Highlights" published on YouTube by "The Unshackled" (the Unshackled footage) (Ex R522).
97 I set out below a summary of the key events of the LWS rally, which is drawn from the agreed chronology.
98 At approximately 11.42am, Mr Fernando approached the north end of Spring Street where a police line had formed (the north police line) (CB:7, 147[11]). He observed that a group of a dozen men dressed in black approached the north police line (CB:7, 147[11]). They were carrying an Australian flag and a rolled-up banner.
99 Mr Fernando gave evidence that around this time he observed that "a large group of counter protesters had formed on Bourke Street" (the Bourke Street protesters) (CB:7, 147[15]).
100 At around 11.43am, the men in black (who were referred to in the agreed chronology as the Nazis) stood in a line opposite the north police line and unfurled a banner which read "Destroy Paedo Freaks" (the banner), which was displayed towards the south end of Spring Street. The crowd could be heard chanting, "Fuck off Nazis, fuck off" (CB:7, 147 [13]; Fernando HD footage at 2.45–3.00).
101 At approximately 11.55am, Mr Fernando heard "police sirens and loud drumming coming from the north end of Spring Street" (CB:7, 148[19]). A large number of protesters carrying red flags (described by the parties as the Socialist Alternative protesters) emerged from the far north end of Spring Street (CB:7, 148[21]). The police formed a further line (the far north police line) preventing the Socialist Alternative protesters from entering the Parliamentary precinct (Fernando HD footage at 14.00–14.12).
102 At around that time, the Nazis faced the north, displayed the banner, and performed the Nazi salute in the direction of the Socialist Alternative protesters (CB:7, 148[23]; Fernando HD Footage at 14.15).
