TikTok star Jon-Bernard Kairouz’s guilty verdict upheld despite judge finding it was an ‘incredibly minor offence’

A Sydney judge has upheld a guilty verdict for a TikTok star who encouraged protesters at an anti-lockdown rally almost three years ago, despite him questioning why the matter was ever prosecuted.

A Sydney judge has upheld a guilty verdict for a social media star who encouraged protesters at an anti-lockdown rally almost three years ago, despite questioning why the matter was even prosecuted.

Jon-Bernard Kairouz, who shot to fame for correctly “predicting” Covid-19 case numbers during the pandemic, appeared at Sydney District Court supported by his brother Nicholas on Monday.

He was found guilty in 2022, although spared a conviction and placed on a two-year conditional release order at Downing Centre Local Court for encouraging the commission of crime.

Mr Kairouz’s barrister Daniel Grippi previously told a court his client, who attended an anti-lockdown rally in the city’s CBD on July 24, 2021, could not have encouraged the 3500 protesters to breach the Covid-19 directions as they were already at the protest.

However, the magistrate found him guilty and dismissed the argument that the speech was part of Mr Kairouz’s comedic act.

A video played during his appeal to overturn the guilty verdict, showed the TikTok star at Sydney’s Town Hall, declaring over a megaphone “as the people’s premier … I’ve crunched the numbers; I don’t think the cases are going to be going up tomorrow.”

TikTok Comedian Jon-Bernard Kairouz leaving Sydney District Court last year. Photo by: NCA Newswire / Gaye Gerard

“There’s over 50,000 people here today … everyone that’s here … people who are doing it tough … all we want is freedom,” he said in the video.

Mr Grippi previously said his client had received vile, racially motivated messages from members of the public.

Before hearing the appeal, Judge John Pickering referenced the hit American comedy Step Brothers, jokingly asking Mr Grippi which brother – both sitting at the back of the court – was Will Ferrell and which was John C. Reilly.

He continued his quips, saying Mr Kairouz should “work for Donald Trump” to estimate his crowds.

Mr Grippi argued his client “at least when he says I am the people’s premier” was undertaking a satirical persona and was perhaps motivated by “self-promotion”.

He said even if there was a finding of “political intent” it did not make the offence proven.

The crown argued Mr Kairouz’s words seemed “quite serious”.

Judge Pickering found he encouraged people to breach a public health order, but said it was an “incredibly minor offence” and “one might wonder why” he was even “being prosecuted for it”.

Mr Kairouz’s conditional release order was dropped as a result of the appeal.

Outside court, Mr Kairouz said he deserved a “formal apology from NSW Police”.

“The judge agreed it should never have been prosecuted and it was a complete waste of time,” he said.