Grieving mum defiant after Black Lives Matter protest ruled illegal
David Dungay Jr was 26 when he died in Long Bay prison hospital in 2015.
Prior to his death, he had been held down by prison officers and said, "I can't breathe".
Mother Leetona said she would continue to protest and advocate until charges were laid over his death.
Leetona Dungay says she wants charges laid over her son's death in custody. A Current Affair
"As soon as I get charges I'll give up," she said.
She said her son's death must not be in vain.
"It's important to me and for a lot of Aboriginal mothers, because every week we're losing a child," she said.
Asked by A Current Affair's Simon Bouda how she would feel if there was a COVID-19 outbreak following tomorrow's rally, Ms Dungay said, simply, "I ain't going to give up".
"I think we're going to be all health-wise tomorrow," she said.
It's an assertion backed by protest organiser Paddy Gibson, despite the NSW Court of Appeal's decision to knock back a plea to hold the event tomorrow.
Protest organiser Paddy Gibson says the Black Lives Matter rally in Sydney will adhere to health restrictions. A Current Affair
A gathering of protesters is nonetheless planned in The Domain, to call for action on Indigenous deaths in custody.
Mr Gibson has said gatherings would be limited to 20 people, abiding by health rules.
But he admitted to Bouda he could not guarantee a COVID-19 outbreak would not occur.
"I can't guarantee that. I can't guarantee that there won't be a COVID outbreak on the train I get home on," he said.
"We aren't under stay-at-home orders here in NSW, so there is risky social activity involving thousands of people happening everyday."
He said if organisers got word there had been a coronavirus-infected person at the rally, they would do everything they could to work with health authorities.
"I believe that people will listen to the advice and listen to the direction that's actually come from these rally organisers, you know, and come to a public area and do their best to stay safe and stay distanced," Mr Gibson said.
"We can't guarantee (it) just as we can't guarantee what people are going to do in a train station, a football stadium, a nightclub, a pub, a restaurant. There's no guarantees in life."
A conflict between police and protesters could loom. A Current Affair
But Police Minister David Elliott has warned that protesters could be locked up.
"If they go ahead there will be police resources deployed and they could find themselves (facing) up to six months incarceration," he said.
Mr Elliott said it was described as an "illegal gathering" for a reason.
Prime Minister Scott Morrison said he would describe the protest as "breaking the law".
The demonstration is set to take place at lunch-time tomorrow.
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