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thought that in Australia everybody, regardless of religion, ethnicity, sexual orientation any other belief of any other kind they've got to respect each other's beliefs and boundaries. And now she is devastated to find out that she has less rights in Australia than she did back home. She has said that boundaries are the emotional, mental and physical fences of every human that are erected in order to protect and maintain our psychological and physical needs, whether it be a human or an animal and if an animal can understand and respect boundaries, why can't they? She's seeking that the government will do their job and stand up for the rights that she was promised when she came to Australia lawfully and legally. And then she said, "if the LGTBQI can have their rights, that's fine, but why does it involve taking away everybody else's rights?" And she wants to say a big thank you to everybody out here today and especially Kellie-Jay. Thank you.

124 At approximately 1.42pm Ms Keen began making closing remarks, and at around 1.47pm she ended the livestream of the rally.

125 I have rewatched the video evidence of those events.

126 It is fair to say that depicts chaotic scenes.

127 Mr Fernando's footage, in particular, continuously weaved between the various groups of protestors and counter protestors. There was a cacophony of yelling, chanting, clapping, banging of drums and saucepans, rattling of tambourines, blowing of whistles and wailing of sirens. Numerous people spoke (often simultaneously) on megaphones. The noise largely seemed to emanate from the Bourke Street protestors, but it is sometimes difficult to tell from Mr Fernando's footage because he was constantly moving around.

128 Protestors waved flags of different kinds, and held homemade signs and banners promoting various agendas. Police officers traversed Spring Street on foot and on horseback. Mr Fernando captured a number of altercations and various exchanges of angry words. And while the lines formed by the police mostly separate the various groups, there remained a flow of people wandering up and down Spring Street.

After the rally

129 At 2.20pm, a journalist sent to Mr Southwick two links with screenshots. The first was a screenshot of a video of Nazis performing the Nazi salute on the steps of Parliament House. The second was vision of police walking Nazis through the area around the steps of Parliament House (Ex R181).

130 Mr Southwick then telephoned Mrs Deeming.


Deeming v Pesutto (No 3) [2024] FCA 1430
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