Habib Musa and Wayle Mana charged over Burgertory blaze in Caulfield

The two men charged with torching a Caulfield burger joint — sparking volatile protests — have been named, after the second accused fronted court.

The second man charged with torching the Burgertory restaurant – sparking volatile protests in Caulfield amid claims of a hate crime – has fronted court for the first time.

Habib Musa, 27, appeared in the Melbourne Magistrates’ Court on Friday for a brief administrative hearing after he was charged on Wednesday with arson and theft of a motor vehicle.

The court heard the St Albans man had been granted bail by police following his arrest.

He has been ordered not to leave Victoria and to report to police three times a week.

Habib Musa, 27, leaves the Melbourne Magistrates’ Court. Picture: Andrew Henshaw

Co-accused Wayle Mana, 24, was charged with seven offences, including arson, robbery and theft of motor vehicle on Wednesday, but was not granted bail by police.

The Preston man was due to front the Melbourne Magistrates’ Court on Thursday but refused to leave his cell, complaining of a sore leg.

According to charge sheets, the duo allegedly torched the Burgertory restaurant on November 10, causing $450,000 worth of damage.

Mr Mana is alleged to have also torched a Bendigo tobacco store on Monday, causing more than $4m worth of damage.

He is also accused on November 10 of stealing a Mercedes sedan in Doncaster and committing an unlawful assault in the same suburb.

He made no application for bail and was remanded in custody.

Both men will return to court for a committal mention on May 30.

Burgertory owner Hash Tayeh claimed the fire was a hate crime. Picture: Jake Nowakowski

The Burgertory fire sparked volatile protests against the backdrop of the Israel-Gaza conflict.

Burgertory owner and Palestinian-Australian man Hash Tayeh on Thursday doubled down on his claims that the fire that gutted his Caulfield store was a hate crime, despite police saying otherwise.

He said while he welcomed the news that two people had been charged in relation to the blaze, he still believed the attack was religiously motivated.

In a video posted to social media, Mr Tayeh stood by his earlier comments.

“People are criticising me for calling this a hate crime, but I want to ask you, how would you have felt if your shop was firebombed after two weeks of constant harassment, abuse and intimidation?” he said.

“Our staff were called terrorists and were told that they work for a terrorist.

“After hours, posters of kidnapped Israelis were put under our door and plastered on our windows.

“Our store was spat on, people screaming out of their cars as they drove past intimidating our staff.”

Mr Tayeh then explained how a video posted in the aftermath of the blaze confirmed his belief that he was the victim of a hate crime.

The man in the video compared the Burgertory fire to “the smell of burnt children in Gaza.”

“After seeing this video, how can I be blamed for believing that this was a hate crime?” Mr Tayeh added.

“For those that are calling for me to apologise, how would you have felt if you’re on the receiving end of that abuse?

“Those threats, those acts of intimidation, how would you have felt if it was your family that felt threatened and scared to the point where they could not leave their home?

“For those that call me anti-Semitic, I have always openly called for the safety of Jewish people and for the collaboration between our communities.”

Police arrest a 27-year-old man in Carnegie. Picture: Victoria Police

The Burgertory store in Caulfield was gutted by fire.

A statement released by lawyers acting for Mr Tayeh acknowledged the arrests and said “all evidence of threats and intimidation” in the lead up to the attack was being provided to police.

“Burgertory has been assisting Victoria Police with the investigation, including providing all evidence of threats and intimidation received by Burgertory prior to the arson attack and are pleased the investigation has now progressed,” it read.

“The matter is now before the courts and therefore it is not appropriate to further comment.

“Burgertory fully respects the criminal justice system process and looks forward to achieving justice and information around the motive behind this dangerous crime.”

Inspector Scott Dwyer of Moorabbin Investigation and Response on Wednesday said his members had worked diligently to hold those responsible to account.

“We know this incident was not a hate crime. It wasn’t motivated by prejudice or politics,” he said.

“Not only did this blaze destroy a business, it also put innocent members of the public at risk of being injured.

“Victoria Police will continue to target anyone connected to criminality that recklessly puts others in harm’s way.”

Jewish leaders called on pro-Palestine activists who claimed the fire attack was a hate crime to immediately retract their accusations and apologise for “concocting and disseminating blood libels”.

Despite repeated attempts by Victoria Police to assure the community that the fire bombing was not religiously or politically motivated, pro-Palestine groups at the time claimed the attack was “motivated by hostility to the store owner’s pro-Palestinian stance”.

One organisation had also expressed grave concern that this was an intentional act against Mr Tayeh “as a Palestinian and Muslim”.

The accusations were followed by a pro-Palestine protest in the heart of the Jewish community in Caulfield on the Jewish Sabbath, which resulted in a synagogue being evacuated.

It later turned violent when protesters clashed with police, forcing officers to deploy pepper spray.

Zionism Victoria president Yossi Goldfarb said those “who helped spread this malicious slur – concocting and disseminating blood libels – are directly responsible for the violent scenes we saw outside the synagogue that night”.

“And their failure to retract their comments, despite police assurances to the contrary, have helped stoke the flames of antisemitism that have engulfed Victoria in the weeks and months since,” he said.

The Beth Weizmann Jewish Community Centre, which is located across the road from the Burgertory store, has twice been vandalised with anti-Israel graffiti since the arson attack.

“As proud Victorians, it has been profoundly distressing to witness – and indeed experience first-hand – the deterioration of the multiculturalism we value so much,” Mr Goldfarb said.

“Now is the time for all those who cast aspersions on the Jewish community to hold their hands up, admit they were wrong and apologise for their part in the hate, hostility and heinous antisemitism casting a shadow over our state.”