State gov admits hate laws are weak as police investigate potential charges against Palestinian protester

Leading pro-Palestinian activist Hash Tayeh could face rare hate crime charges, with his actions compared to that of far-right extremist Blair Cottrell.

Victoria Police is actively investigating the potential laying of charges against Hash Tayeh. Picture: Jake Nowakowski

The Allan government has conceded its hate laws aren’t adequate as it faces growing calls to crackdown on increasingly hostile protests.

The Herald Sun on Friday revealed that police are investigating whether they can use rare charges to prosecute a leading pro-Palestianian activist for Jewish hate crimes.

It comes as police sources warn they are hamstrung by current laws making it too difficult to charge a person with hate crime offences.

Attorney-General Jaclyn Symes is currently working on bringing a package of anti-vilification laws before parliament.

On Friday, acting Premier Ben Carroll said the government recognised current laws weren’t adequate.

“Yes, there is definitely more work to do in this area,” he said.

“Victoria’s strength is our diversity. That’s what we need to focus on, it’s what makes us strong.”

Multiple sources have confirmed Victoria Police is actively investigating the potential laying of charges against Hash Tayeh for inciting serious contempt for Jews.

It is understood senior police are examining strong parallels between Mr Tayeh’s activity in organising and attending protests and that of far-right extremist Blair Cottrell.

Hash Tayeh could face potential charges for inciting serious contempt for Jews. Picture: Instagram

Cottrell was in 2017 the first Victorian ever convicted under the racial vilification act for inciting serious contempt for Muslims.

He later unsuccessfully appealed the conviction with the decision, by County Court chief judge Peter Kidd, considered a blueprint for future prosecutions.

Despite recent examples of anti-Semitic behaviour on Melbourne streets, police have laid no charges under the Racial and Religious Tolerance Act against protesters since October 7.

Since its introduction in 2001 the Act has been only rarely used and requires the written consent of the Director of Public Prosecutions before prosecutions can commence.

Both Victoria Police and the DPP this week refused to answer questions about how many times police had sought to prosecute the crime.

They also refused to say how many Victorians had been charged with offences under the act.

Briefs of evidence have been put to the DPP for a decision in recent months, however they were deemed to be lacking in sufficient evidence.

In recent weeks Victoria Police have faced private lobbying from Jewish activists, the state Opposition and community groups to crackdown on hate speech.

Sources said police were assessing similarities between Cottrell’s conduct, including using social media to incite people to attend a rally, and Mr Tayeh’s.

Jewish businessman Menachem Vorcheimer has launched three private actions over failure to use the laws, including one against Victoria Police.

“The situation is out of control, anti-semitism in Australia is at historic highs,” he said.

“On a weekly basis we have mobs of people marching on the streets acting like members of the modern Ku Klux Klan, faces covered, publicly peddling hatred for Jews, while burning flags, chanting “f-ck the Jews”, labelling Jews as “terrorists”, while calling for a repeat of the 7 October massacre of Jews.

“The hateful mob is incited by people whose conduct arguably resembles that of convicted neo-Nazi Blair Cottrell.

“Yet despite laws existing to prosecute such vile behaviour, our police and government do nothing.”

Mr Vorcheimer believes failure to enact the law is purely political.

“I can only assume this is because our PM and Premier have prostituted themselves and their morals for votes,” he said.

“It seems that they would rather secure 800,000-plus Muslim votes and Greens preferences than protect the lives of Australia’s 100,000-plus Jews.

“It is time they understand that ‘Never Again’ is not a slogan, rather a call to action, that demands they stand up and act forcefully against those who peddle hate.”

Liberal MP David Southwick, who is Jewish, said race hate laws had to be enforced.

“Right now, Victoria’s Jewish community don’t feel safe in their own state,” he said.

“We have seen violent thugs on our streets and university campuses glorify terrorism, spread division, and spew their hatred for Jews and Australia.

“The reality is simple: we already have laws to stop hate, it’s time for the Allan Labor Government to show some leadership and enforce them.”

Police minister, Anthony Carbines, said on Thursday the government was working to strengthen anti-vilification laws to make them easier for police to use.

In a statement to the Herald Sun Mr Tayeh vehemently denied any form of anti-semitism.

“I love humanity. Whether that’s Jews, Muslims, Buddhists, Christians, atheist’s or anyone else,” he said.

“I wish for an equal world where all people lived free from violence, oppression and are afforded their human rights.

“There are plenty of videos across social media where I have said that if it was Jewish children being killed I would be out there protesting for them and their safety.

“I protest for a better world for all.

“If anyone has incited hatred, violence and intimidation it has been others towards me. My staff and stores have received hundreds of threats and vile messages.”

Originally published as State gov admits hate laws are weak as police investigate potential charges against Palestinian protester