Since his uncle died in custody at one of New South Wales’ toughest prisons a decade ago, Paul Silva has been advocating for change almost daily. From organising large-scale rallies with thousands in attendance, to sitting through numerous coronial inquiries and supporting families, he says the right to protest is needed now more than ever.
The nephew of David Dungay Jr, a Dunghutti man who died at the age of 26 at Long Bay jail in Sydney’s southern suburbs on 29 December 2015, Silva says the fight for justice “is not just political – it is spiritual, cultural, and about survival”.
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On Monday, about 80 people gathered at Kempsey police station on NSW’s mid-north coast to remember Dungay Jr and to protest, after Australia recorded its highest number of Aboriginal deaths in custody in 45 years.
“It not only marks the 10-year anniversary of David Dungay Jr and the lack of justice and accountability for us as a family, but it was to also highlight the broader issues that Aboriginal people are facing,” Silva said.
In 2024-25, Aboriginal and Torres Strait Islander people accounted for 33 of the 113 deaths in custody, the largest number since 1979-80. NSW recorded the highest number of deaths of any state or territory during 2024-25, with the state’s coroner releasing a statement in October acknowledging the “profoundly distressing milestone”.
“I feel that it exposes the system for what it really is,” Silva said.
“They [the government] don’t really care about Aboriginal deaths in custody. These people are not just statistics to us … they are family members, they are brothers, sisters, mothers, cousins and fathers.”
As of 30 June, 600 First Nations people have died in custody since the 1991 royal commission into Aboriginal deaths in custody was held.
Silva says Monday’s gathering is one of two to be held for Dungay Jr, with a second rally planned for Sydney’s Hyde Park on 18 January, to mark 10 years since he was laid to rest.
It comes as NSW passed new laws last week in response to the Bondi beach terrorist attack, giving the state police commissioner powers to ban protests on NSW streets for 14 days and up to three months once a terrorism determination has been made.
The new laws could impact the second rally for Dungay Jr and the upcoming Invasion Day Rally on 26 January, which will also highlight the record high numbers of Aboriginal deaths in custody.
Independent Senator Lidia Thorpe criticised the laws and said the Bondi attack should not be used to “justify stripping” democratic rights.
“History shows that when governments grant themselves broad powers to restrict protest, those powers are used first and most harshly against First Peoples and other marginalised communities,” Thorpe told Guardian Australia.
“Protest is not a threat to democracy, it is a fundamental pillar of democracy. We must not allow governments to strip away one of the few tools our people have ever had to speak truth to power.
“Peaceful protest is protected under international human rights law. Restricting assemblies simply because a government claims they may ‘sow division’ is about silencing voices that speak truth to power.”
If rally organisers are banned from holding upcoming public assemblies, Silva said they would not give in and “will tackle them strategically”.
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