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23 July 2025

Latest developments: Hannah Thomas arrest probe escalates

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O'Brien Criminal & Civil Solicitors

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O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
NSW Police escalates probe into Hannah Thomas' arrest after footage shows officer punch; internal affairs and LECC now involved.
Australia Criminal Law

Major Escalation in Hannah Thomas Investigation: Senior NSW Police have significantly escalated their investigation into the circumstances surrounding the arrest of Hannah Thomas at a protest in Belmore on 27 June 2025. This decision comes after an internal police briefing flagged "questions of excessive force" used by officers during the operation. As Thomas' lawyers, we would like to provide an update to the public on the fast-moving case.

Internal affairs police have taken over the investigation into Hannah Thomas' arrest. Now, they are deciding if she was assaulted by the police.

What is going with the Hannah Thomas case?

The investigation into Thomas's arrest has been transferred to the Professional Standards Command, taking it out of the hands of local officers. This move indicates the seriousness of the concerns now held within the police hierarchy. This decision comes after body-worn footage from her arrest showed a police officer punching Thomas in the face.

Critical Incident Declaration: Following revelations from the body-worn camera footage, the incident was designated as a critical case. The Campbelltown police were tasked with the case, but her charges were not dropped.

Now, NSW Police has referred the investigation into the alleged assault of protester Hannah Thomas to its Professional Standards Command, following an interim executive briefing held on Tuesday. According to reports provided to The Sydney Morning Herald, the executive briefing raised "questions of excessive force" which led to the escalation of the matter.

In a public statement, NSW Police confirmed:

"NSW Police has announced the investigation into alleged excessive use of force and assault of Hannah Thomas has been put under the command of NSW Police Professional Standards.
The investigation will be incorporated into the critical incident investigation which is being oversighted by the Law Enforcement Conduct Commission."

This development marks a shift from earlier public commentary by the Assistant Commissioner. On 30 June, the Assistant Commissioner stated in an interview with the ABC that there was no indication police had acted inappropriately during the incident. At the time, he said a "preliminary review" of body-worn camera footage had been conducted by himself and other senior officers.

The escalation of this matter to Professional Standards and the involvement of the Law Enforcement Conduct Commission (LECC) signals a more serious internal review, underscoring the gravity of the concerns raised.

Charges against Hannah Thomas and Legal Response

  • Charges Against Thomas: Thomas continues to face charges for resisting arrest and failing to obey a police move-on direction. These charges have drawn criticism, given that they were initially escalated under rarely used public disorder laws before being reduced when their applicability was questioned.
  • Legal Defence and Public Statements: Thomas is being represented by our civil legal team, led by our Principal, Peter O'Brien. Our firm has repeatedly called for all charges to be dropped. O'Brien argues there is "objective evidence" consistent with innocence and has condemned what he described as "gratuitous police brutality and excessive use of force."
  • Civil Action Pending: O'Brien Criminal & Civil Solicitors are also preparing civil claims for assault, false imprisonment, malicious prosecution, and related grounds. These may result in the state being held liable for substantial damages if claims are upheld.

Wider Public and Political Reactions

  • Public Outcry: Widespread attention to the footage and the severity of the incident has prompted calls from civil liberties groups, local MPs, and human rights advocates for accountability and justice.
  • Criticism of Police Handling: There has been pointed criticism of NSW Police for initially downplaying the seriousness of Thomas's injuries and for slow transparency in releasing relevant information about the conduct of the officers involved.
  • Political Commentary: Greens NSW MP Sue Higginson and others have demanded not only that the charges against Thomas be dropped but that police officers responsible face legal consequences for their actions. There are also calls for the resignation of senior police officials who made misleading public statements in the episode's aftermath.

Implications and Next Steps

  • Oversight and Accountability: The fact that the case is now under the Professional Standards Command, with oversight from the Law Enforcement Conduct Commission, elevates it as a test case for police accountability during public protest policing in NSW.
  • Awaiting DPP Decision: The prosecution of Thomas is now under review by the Director of Public Prosecutions, and her next court appearance has been deferred to later in the year.
  • Civil Litigation: The impending civil action may have broader policy impacts. It will likely challenge both the legality of police tactics at protests and the systemic approach to handling complaints of excessive force.

This story is developing rapidly, with significant attention on its outcomes for freedom of assembly, police powers, and the rights of protesters and legal observers in NSW.

As the legal team acting for Hannah Thomas, we reiterate that her case sits at the heart of ongoing concerns about police conduct, the right to peaceful assembly, and accountability in New South Wales. Our firm, O'Brien Criminal & Civil Solicitors, is pursuing all available avenues, criminal defence, civil proceedings, and defamation action, to ensure accountability and justice.

Serious Eye Injury: The Facts

Video footage reviewed by our office confirms that Ms Thomas was punched in the face by a police officer, resulting in extensive damage to her eye.

"My office has now viewed all available footage of the incident giving rise to the moments leading to the injury to Ms Thomas' eye on the 27th of June, and I am satisfied that Ms Thomas was punched in the face by a male police officer, causing extensive and serious injury to her eye.

We are further satisfied that Ms Thomas was an innocent victim of gratuitous police brutality and excessive use of force, actions that were completely and entirely unjustifiable."

— Peter O'Brien, Principal Solicitor

The Criminal Charges and Our Position

Ms Thomas was charged with resisting arrest and failing to comply with a move-on direction, charges which we maintain are entirely baseless.

"Every minute that these charges persist is another minute of injustice.
The charges are ludicrous. There is objective evidence in relation to all of the matters that are consistent with innocence."

— Stewart O'Connell, Solicitor

We have written to the NSW Police and the Office of the Director of Public Prosecutions, submitting that all charges be withdrawn and dismissed. Both resisting and failing to comply are unsustainable: the police actions at the scene were outside the lawful execution of their duties and involved excessive force with severe consequences.

"The charge of resisting police could never be sustained as the police officers were plainly acting outside of the execution of their duties, in both trying to enforce an unlawful direction and using excessive force, with brutal and life-changing consequences."

— Peter O'Brien

Civil Action and Accountability for Hannah Thomas

O'Brien Criminal & Civil Solicitors has commenced actions to pursue civil claims for Hannah Thomas on multiple legal grounds, including:

  • Assault and battery
  • False imprisonment
  • Malicious prosecution
  • Misfeasance in public office
  • Collateral abuse of process

We are also exploring constitutional implications, given recent government efforts to broaden police powers. The approach taken by police appears symptomatic of a wider problem in the balance between public order and fundamental freedoms.

Read our successful Case Studies on police accountability.

Defamation Proceedings

Ms Thomas has also issued legal notices to media outlets and a federal minister for statements made while she was hospitalised:

"While I was in hospital recovering from serious, life-changing injuries incurred at the hands of NSW Police for engaging in peaceful protest, the Home Affairs Minister and Sky News chose to victim-blame me. Minister Burke and Sky News suggested that people who exercise their fundamental right to protest, may well end up brutalised by police and that this is acceptable.

It's a sinister message that risks emboldening further police violence. I would not wish what happened to me on anyone."
— Hannah Thomas

Our team considers such public commentary not only premature, given the pending charges, but also damaging to the presumption of innocence and civic discourse.

Call for Justice for Hannah Thomas

We urge the authorities to not only withdraw all charges against Hannah Thomas but to hold all responsible officers fully accountable for her brutal and unnecessary assault:

"Not only should these charges be withdrawn, but serious consideration needs to be given to charging someone for the brutal, cowardly and despicable assault on Hannah Thomas."
— Stewart O'Connell

O'Brien Criminal & Civil Solicitors will continue to defend Hannah Thomas' rights and ensure those responsible for her injury are brought to account in both the criminal and civil courts.

Need a civil lawyer in Sydney for police misconduct?

Contact us today for a confidential consultation and take the first step towards resolution.

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