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Sarah Spina-Matthews, Farid Farid and Max Aldred

Senior ministers could face court over protest policing

NSW Premier Chris Minns and senior ministers have been subpoenaed over protest policing. (Flavio Brancaleone/AAP PHOTOS)

A state's leaders could give evidence in criminal proceedings against protesters arrested at a march opposing a visit from Israel's president.

Lawyers for protesters charged following clashes with police at the rally against Isaac Herzog's visit have issued NSW Premier Chris Minns and senior ministers with subpoenas.

The leaders face scrutiny regarding policing decisions made on Macquarie Street ahead of the February 9 rally at Sydney's Town Hall.

Nick Hanna, representing 16 clients, told AAP he would argue those decisions led to unlawful policing.

“We will argue the police operation at the Herzog protest was unlawful and the unlawfulness was a result of decision-making Premier Minns has publicly acknowledged his government was involved in," he said.

"The defendants are entitled to know what decisions were made, who made them and why."

Chris Minns
Premier Chris Minns could be forced to give evidence over policing decisions at the Sydney rally. (Sarah Wilson/AAP PHOTOS)

Police Minister Yasmin Catley, Tourism Minister Steven Kamper, NSW Police Commissioner Mal Lanyon and a number of other senior police officers also received subpoenas, he confirmed.

Spokespeople for the premier and ministers declined to comment because the matter was before the courts.

Policing of the event remains subject to a Law Enforcement Conduct Commission investigation.

Police were forced by a judge in October to hand over sensitive internal documents to Mr Hanna.

Mr Lanyon defended his resistance in handing them over.

"It was about making sure I protect the interests of officers, junior officers, and their safety as they have to go about protecting the community on the streets," he told reporters.

Dozens were arrested during clashes with police at the February 9 protest at Sydney's Town Hall. (Kat Wong/AAP VIDEO)

Footage of officers' conduct at the rally - including beating, shoving and pepper-spraying attendees - sparked public furore in the days after the event.

One video widely shared on social media showed a group of Muslim men and women praying before being ripped from their kneeling position and taken away by police.

In video footage, a male police officer is heard telling his female colleague: “I f***ing pumped that c***” and “then I punched him in the head when he was down”.

His colleague is heard laughing on the footage and replying “so funny” and "I saw that".

Dozens of people were arrested at the protest, but charges against them are being reviewed after the Court of Appeal ruled controversial restrictions in place at the time were unconstitutional.

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