A serial protester accused of storming an Israeli-owned restaurant in Melbourne’s CBD has made a second bid for freedom, his lawyer claiming his behaviour was not antisemitic or fuelled by hate.
But a lawyer for police told the court the man’s conduct was “disgraceful” and “highly offensive”.
A protester at Melbourne restaurant Miznon on July 4.Credit: Alex Zucco
Antwany Arnold, 55, appeared in the Melbourne Magistrates’ Court on Wednesday to make his second application for bail this month, after police alleged he hurled a chair at a diner at Miznon restaurant in Hardware Lane shortly after 8pm on July 4.
Arnold has been charged with several offences, including throwing a missile and behaving in a riotous manner.
Police allege food, glasses and chairs were thrown at staff and patrons during the incident, which involved a group of 20 or 30 people who had splintered off from an earlier demonstration about police presence at protests.
Arnold’s lawyer, Tim Hutton, told the court his alleged actions, some of which had been captured on CCTV and shown to the court, were not driven by antisemitism, prejudice or hate.
“It [was] a compassionate condemnation of an organisation, the IDF, the Israel Defence Forces ... it is condemnation of the atrocities and crimes ... committed,” he said. “It is in no way any reflection on Jewish people or thoughts or feelings towards Jewish people.”
Magistrate Michelle Mykytowycz interjected, saying that regardless of whether the protest was for political or humanitarian issues, her role was to consider allegations put to her about Arnold’s conduct and whether he posed a danger to community safety.
The court heard Arnold was on bail over another incident which occurred on April 14, at the corner of Swanston and Bourke streets just after 3pm.
He allegedly spat in the face of a person who tried to get him to turn down his speaker blasting pro-Palestinian messages. Arnold also allegedly made threats to kill a passerby before police arrested him and is accused of hurling obscenities at officers.
The police lawyer said Arnold posed an unacceptable risk to the community and this risk could not be mitigated by stringent conditions.
“I would submit that it is absolutely criminal offending before the court,” he said.
He said Arnold’s bail application should be refused and he should face a term of imprisonment.
One of the conditions of Arnold’s previous bail was that he was not to go to Melbourne’s CBD. He allegedly breached this on June 29, July 4 and July 6.
On Wednesday, Detective Senior Constable Daniel Sanderson told the court Arnold had been taking part in a “no more police at protests” demonstration, alongside dozens of others. He said a group of about 20 to 30 of them then went to the Miznon restaurant.
Sanderson said they used megaphones and accosted patrons before Arnold is alleged to have picked up food left behind by diners and thrown it at the restaurant and people trying to leave. Arnold is then accused of having had a verbal confrontation with a patron before throwing a chair in her direction.
Footage of the incident was shown to the court and slogans such as “Israel is a terrorist state” and “Death to the IDF” can be heard in the background.
Arnold’s first application for bail was refused on July 8 by Mykytowycz, who at the time described his alleged offending as “relatively serious.”
“In my view, such behaviour just adds fuel to the fire for further racist behaviour in the community ... potentially escalating into significant harm to members of the community,” she said.
Mykytowycz said she would decide on Arnold’s latest bail application on July 30.
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