Ten years after David Dungay Jr.'s tragic death in jail, a rally to protest deaths in custody could challenge NSW's new laws. Since his uncle's death in one of New South Wales' harshest prisons, Paul Silva has been tirelessly advocating for change. From organizing large-scale rallies to participating in coronial inquiries, he emphasizes the urgent need for the right to protest. As the nephew of David Dungay Jr., a 26-year-old Dunghutti man who passed away at Long Bay jail in Sydney's southern suburbs on December 29, 2015, Silva's fight for justice is deeply personal and spiritual. He believes it's about cultural survival and the fight for justice.
On Monday, approximately 80 people gathered at Kempsey police station on NSW's mid-north coast to remember Dungay Jr. and protest against the alarming number of Aboriginal deaths in custody, which has reached its highest in 45 years. This event not only marks the 10-year anniversary of David Dungay Jr.'s death and the ongoing lack of justice and accountability for his family but also aims to shed light on the broader issues faced by Aboriginal people.
In the 2024-25 period, Aboriginal and Torres Strait Islander people accounted for 33 out of 113 deaths in custody, the highest number since 1979-80. NSW recorded the most deaths of any state or territory during this period, with the state's coroner acknowledging the distressing milestone in October. Silva strongly believes that this data exposes the harsh reality of the system.
He emphasizes, "They [the government] don't truly care about Aboriginal deaths in custody. These individuals are not mere statistics to us; they are our family members, brothers, sisters, mothers, cousins, and fathers." As of June 30, 600 First Nations people have died in custody since the 1991 royal commission into Aboriginal deaths in custody.
Silva mentions that Monday's gathering is just one of two events planned for Dungay Jr. The second rally is scheduled for Sydney's Hyde Park on January 18, marking 10 years since his burial. However, these plans come at a time when NSW has recently passed new laws in response to the Bondi beach terrorist attack, granting the state police commissioner the power to ban protests on NSW streets for up to three months once a terrorism determination is made.
These new laws could potentially impact the second rally for Dungay Jr. and the upcoming Invasion Day Rally on January 26, which will also highlight the record-high numbers of Aboriginal deaths in custody. Independent senator Lidia Thorpe criticized these laws, stating that the Bondi attack should not be used to justify stripping democratic rights. She believes that protest is a fundamental pillar of democracy and that governments should not abuse their powers to restrict it.
If rally organizers are prohibited from holding public assemblies, Silva has stated that they will adapt their approach strategically. This situation raises important questions about the balance between public safety and the right to peaceful protest, inviting further discussion and debate.
