Paul Defies Decade-Long Protest Ban to Honor Uncle's Custody Death Anniversary

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WARNING: This article contains the name of an Aboriginal person who has died.

Paul Silva is expecting a heightened police presence at a rally he’s organising to protest against Indigenous deaths in custody.

The upcoming rally scheduled for Sunday has been deemed illegal following an extension of the contentious protest ban by the NSW police commissioner.

Police have the power to refuse to authorise protests in key Sydney areas for up to three months, under restrictions that came into effect after 15 people were killed in a terrorist attack at Bondi Beach in December.

Police can extend the ban on a fortnightly basis.

Mr Silva’s rally will also mark 10 years since the death of his uncle David Dungay Jr in Long Bay Prison.

Mr Dungay, who was diabetic, had been restrained by five prison guards after refusing to stop eating biscuits in his cell.

As Mr. Dungay was being restrained by officers, he desperately shouted “I can’t breathe” multiple times before he passed away.

A 2019 inquest made recommendations regarding training, with the coroner finding the way in which Mr Dungay was restrained contributed to his death.

But the coroner cleared custodial staff and rejected a submission from Mr Dungay’s family that four corrective services officers be referred for disciplinary proceedings.

Mr Silva said it is important to continue to draw attention to the stories behind the harrowing deaths in custody statistics.

Despite the prohibition, it’s anticipated that those already committed to attending the rally will not be dissuaded by these restrictions.

On January 26, 2025, a large gathering made its way through Sydney during the Invasion Day march. Source: AAP / STEVEN MARKHAM/AAPIMAGE

Mr Silva intends to march through the streets of Sydney as originally planned, saying he sees the ban as illegitimate.

“We’re there to identify what’s happening within society, we’re not there to create any violence or conflict between police or any other members in society,” he told AAP.

“It’s about … as First Nations people, resisting the government and colonial system.”

Mr Silva is also involved in organising an upcoming invasion day rally in Sydney.

While the event is not currently impacted by the protest rules, Mr Silva said it would be “disgusting” if they were extended further.

“It’s a significant day for Aboriginal people and we’ve been protesting and mourning on that day in many ways, shapes and forms for 237 years,” he said.

“If the government and police decide to implement the full extent of the laws upon January 26, that will expose how the system actually comes to the table with First Nations people.”

While Mr Silva is concerned about the impact of these laws on protest, he said it will not deter him from organising future events and called on other groups to continue to organising rallies for their causes.

“Go ahead with it, don’t let these laws silence us, don’t let these laws be another form of oppression in 2026,” he said.

“Whether it’s a death in custody, brutalisation, land theft, racial discrimination within society, it’s important that we call it out.”

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