Breaking: NSW premier and police minister subpoenaed in Town Hall protest case

The NSW premier and two ministers could be forced to give evidence in court during the week of the state election, in the criminal case against protesters who opposed the visit of Israeli President Isaac Herzog.

Chris Minns, Police Minister Yasmin Catley and Tourism Minister Steve Kamper have been served with subpoenas to give evidence on March 8, just five days before voters head to the polls on March 13.

More than a dozen demonstrators are facing charges, including assaulting police, over the rally outside Sydney Town Hall on February 9.

The defence is seeking to question the politicians about their involvement in the planning of the police operation, which it claims was unlawful.

Defence solicitor Nick Hanna told the ABC the premier had openly admitted his government was involved in operational decisions about the Herzog protest.

"We want to question him about that involvement, which we expect to argue likely amounted to improper interference in what should have been independent police-decision making," Mr Hanna said.

Mr Hanna pointed to the premier's comments at a press conference held a few days after the rally.

"We can't blame the police for doing what we asked them to do, and that is to keep the people of New South Wales safe, protect mourners who were down at the ICC [where Mr Herzog was speaking] on that evening," Mr Minns said on February 12.

Police Commissioner Mal Lanyon, Assistant Commissioner Paul Dunstan, and the chiefs of staff of the premier and police minister have also been subpoenaed to give evidence.

Sweeping police powers set to be questioned

On October 19, the day the Law Enforcement Conduct Commission (LECC) began hearings examining police conduct at the protest, Mr Minns said the government was involved.

"I'm not gonna be in a situation now that LECC is looking at police operations where I try and distance myself from it," he said.

"We were part of this decision-making too."

The government appeared to give police access to two sources of additional power on the night of the protest.

One was a Public Assembly Restriction Declaration (PARD) made under a post-Bondi Beach attack law that was later ruled unconstitutional by the Court of Appeal.

The other was a Major Events Declaration, which the protest organisers unsuccessfully challenged at the eleventh hour.

The Major Events Declaration was made by Mr Kamper in his capacity as tourism minister, which is why the defence seeks to question him.

Spokespersons for Mr Minns, Ms Catley and Mr Kamper said it would be inappropriate to comment as the matter was before the courts.

The NSW Police Force has been approached for comment.

"What the premier knew, and the warnings he was given about the [PARD] laws being invalid and the dangers of relying on them at the Herzog protest, will be live issues," Mr Hanna said.

Those subpoenaed may avoid giving evidence if they successfully apply to have the subpoenas set aside.

Last month, the defence showed the court footage of what it alleged was unlawful force by police, as it sought communications between senior officers and the parliamentarians.

A Local Court magistrate, Scott Nash, agreed with the protesters that the correspondence was relevant and dismissed the police commissioner's attempt to block its release.

Police have withdrawn 10 of the 30 original prosecutions over the rally, with a trial involving at least 16 protesters expected to take place in July 2027.