Police send controversial Opera House protest video for independent review

NSW Police have sent a video of a pro-Palestine protest at the Opera House in October for independent expert analysis amid questions about whether a grossly offensive antisemitic chant was uttered by participants.

NSW barrister and former police officer Mahmud Hawila, who has acted for a number of pro-Palestinian protest organisers, including Palestine Action Group Sydney, said he welcomed the police review of the video.

Palestinian supporters gathered outside the Opera House on October 9 after it was lit up in Israeli colours following the Hamas attack.Credit: Louie Douvis

“I had serious doubts after watching a video circulating in the media as well as having reviewed a lot of other footage and spoken to witnesses who were at the Opera House,” Hawila said.

A police spokesperson told The Sydney Morning Herald that investigations into the alleged incident were ongoing but “NSW Police are yet to confirm wording used during the October 9, 2023 protest”.

“Investigators have sent a video recording for independent, expert analysis,” the spokesperson said. “No person has been charged with speaking the words ‘Gas the Jews’.”

While it appears the offensive phrase “f--- the Jews” and potentially “where’s the Jews” – which are unlikely to meet the threshold for criminal prosecution under hate speech laws because they do not directly threaten or incite violence – were uttered by protesters on October 9, questions have been raised about whether “gas the Jews” was chanted.

The blue and white colours of the Israeli flag projected onto the Opera House on October 9.Credit: Getty

Felicity Graham, a NSW barrister and member of The Wigs podcasting team who has also acted for Palestine Action Group Sydney and Black Lives Matter protesters, said: “Questions have been raised more than once in the parliament in recent weeks on the issue [of whether the words were said].”

The Minns government introduced a bill on November 21 that it said would “improve the prosecution process” for the offence of publicly threatening or inciting violence against a person or group based on attributes including race and religion.

The proposed changes to section 93Z of the state’s Crimes Act would remove the requirement for the Director of Public Prosecutions to approve a prosecution before it was commenced by police.

“Gas the Jews”, which would likely meet the threshold for criminal prosecution, was widely reported to have been chanted by some pro-Palestine protesters on October 9, and the allegation was picked up by international media outlets.

A video purportedly recording the offensive words being said, which was accompanied by subtitles, was circulated online. NSW Police did not confirm if this was the video that had been sent for analysis.

The protest took place two days after Hamas launched a deadly attack on Israel and on the same day the NSW government lit the sails of the Opera House in the Israeli flag colours.

Premier Chris Minns said at a press conference after the protest that the NSW government stood with the Jewish community and “shocking and abusive” words spoken at the march were “potentially a crime if there was an incitement to ... raise violence”.

In a statement on October 10, protest organisers Palestine Action Group Sydney said media outlets had reported on a “tiny fringe (we estimate less than 20 people) of vile antisemitic attendees who showed up to the Opera House for an event unrelated to the demonstration we organised”. It said boys, mostly in their teens, were “quickly condemned … and asked to leave” for chanting “f--- the Jews”.

‘I have not spoken to the investigators about the exact wording.’

Deputy Police Commissioner Mal Lanyon

“From our observations this occurred for less than one minute and was not an ongoing chant. This is not what our movement stands for,” the group said.

On November 7, Police Minister Yasmin Catley was asked by upper house Greens MP Sue Higginson at a budget estimates hearing: “So you have no doubt that those words [‘Gas the Jews’] were chanted that night?”

Catley replied that she had only been relying on a suggestion in a previous question that the words were used.

Higginson asked NSW Police Deputy Commissioner Mal Lanyon: “At this point, you’re confident that you have evidence that those words were chanted?”

NSW Police Deputy Commissioner Mal Lanyon answered questions over the October 9 protest.Credit: Brook Mitchell

Lanyon replied: “I’m confident that matters are being investigated. As I said, it has been reported to me that words to that effect were used. I have not spoken to the investigators about the exact wording.”

One week after the Opera House protest, a man at a second pro-Palestine rally called for Jewish people to be “wiped out”, before other protesters told him the language was “not acceptable”.

He was later charged with offensive language for swearing. He was not charged with inciting violence.

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