AFP says waving Hezbollah flag at protest not enough for arrest

The Australian Federal Police has said the display of terrorist symbols was not enough for an arrest after protesters gatecrashed a pro-Palestine rally waving Hezbollah flags and holding up photos of the terror group’s slain leader.

The Sunday rally formed part of a national day of action for Gaza, with thousands of people also taking to the streets in Sydney and other cities around the world in renewed opposition to Israel’s bombing campaign.

A Hezbollah flag is seen during the pro-Palestine rally for Gaza and Lebanon at the State Library of Victoria.Credit: AAP

A small group with Hezbollah flags — some holding what appeared to be framed photographs of the terror group’s slain leader Hassan Nasrallah — joined the event at the State Library in Melbourne’s CBD as speeches ended and people began to march.

Victoria Police said the public display of terrorist symbols was a Commonwealth offence and that there were no arrests from the protest, which drew an estimated 600 people.

“Appropriate referrals will be made to Australian Federal Police as the lead agency concerning prohibited symbols,” a Victoria Police spokesperson said.

However, an Australian Federal Police spokesman on Monday morning said: “The mere public display of a prohibited symbol on its own does not meet the threshold of a Commonwealth offence.”

To be considered an offence, the prohibited symbol had to be displayed in circumstances where the conduct involved spreading ideas based on racial superiority or hatred, inciting others to intimidate or offend a person, or advocating or inciting others to offend, the spokesman said.

“The AFP is aware that protest activity and physical demonstrations can be used to amplify the messaging of extremist groups,” the spokesman said.

“The criminal code sets out very specific elements that must be met in order to charge an individual with a terrorism offence.”

Police did not have the power to take down prohibited symbols themselves but could direct a person to remove them. Failing to comply with police amounted to a criminal offence, the spokesman said.

A protester with a photo of Nasrallah during a pro-Palestine rally for Gaza and Lebanon at the State Library of Victoria in Melbourne on Sunday.Credit: AAP

Organisers of the Melbourne rally told AAP the group was not affiliated with those running the demonstration.

Nasrallah was killed by an Israeli air strike on Friday, amid escalating tensions in the region.

Victoria’s Opposition Leader John Pesutto issued a statement on Sunday night calling for action on the Hezbollah protesters, saying his coalition would continue to stand against antisemitism.

“Victorians will be deeply disturbed by displays of support for listed terrorist organisation, Hezbollah, across Melbourne and Sydney,” Pesutto said.

“Publicly displaying the symbols of a listed terrorist organisation is a crime, as is inciting violence on the basis of religious belief. Neither must ever be tolerated in Victoria.

“The Allan Labor government, along with Victoria Police and the commonwealth government have a responsibility to ensure the safety and freedom of all Victorians who are entitled to go about their lives free from fear and persecution.”

Rallies in solidarity with Gaza have been held weekly in Melbourne for much of the past year.

“You stand with Lebanon, you stand with Palestine,” Omar Hassan, from Victorian Socialists, told fellow protesters.

“I want to say that it is a dark day for the people of the Middle East, and it’s a dark day here in Melbourne ... but there are reasons to be cheerful and optimistic and hopeful.”

Home Affairs Minister Tony Burke threatened to consider cancelling visas for people supporting such groups.

“Any indication of support for a terrorist organisation is unequivocally condemned,” Burke said in a statement on Sunday.

“It draws the immediate attention of our security agencies.

“There is a higher level of scrutiny if anyone is on a visa.

“I have made clear from day one, that I will consider refusing and cancelling visas for anyone who seeks to incite discord in Australia.”

Some attendees stood under umbrellas with the colours of the Palestinian flag and the protest slogan “free Palestine from the river to the sea” around the edge.

Darebin protester Margaret, who did not wish for her full name to be used, said she had attended many of the protests and was glad to come out despite the rain.

“I would have never imagined we’d still be doing this, but we have to, that’s all we can do,” she said.

With AAP

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