An alleged arsonist accused of firebombing the Burgertory restaurant in Caulfield told covert police officers the attack was linked to the conflict in the Middle East, contradicting authorities’ repeated claims there was no racial, religious or political motive.
The brief in the case obtained by The Age shows undercover operatives gathered information suggesting the high-profile attack on the restaurant on November 10 last year was connected to the violence in Gaza.
Burgertory’s Caulfield outlet was burned down in an arson attack on November 10, 2023Credit: Simon Schluter
Victoria Police has continued to deny the attack was racially, religiously or politically motivated, but declined numerous invitations to explain how it came to that conclusion.
The eatery chain is owned by prominent Palestinian Australian activist Hash Tayeh. Tayeh has been a prominent critic of Israel’s conduct of its war in retaliation for the October 7 terrorist attacks, which killed more than 1200 people. The war has now claimed more than 40,000 Palestinian lives.
The 500-page brief, which documents the police and prosecution case against the accused, details how covert operatives were “deployed” to have a conversation with accused arsonist Habib Musa.
Hash TayehCredit: Nine
“The motivation behind the arson was related to the conflict overseas between Palestine and Israel,” according to a summary of the conversation between Musa and undercover police officers.
It also alleges Musa had outlined how many other offenders were allegedly involved in the attack, what they were paid and what evidence they believed they left behind.
The information highlighting the potential political or racial/religious motivation to the crime has never been publicly disclosed during court hearings, despite police citing other key evidence gathered by the same undercover operatives used in the case.
On Monday, Victoria Police repeated its denial that the arson attack on Burgertory had a political or racial edge.
“Victoria Police does not believe the incident was racially, politically or religiously motivated. As the matter remains before the courts, it would be inappropriate to comment further,” a statement said.
Tayeh did not respond to a request for comment made through his lawyer.
The fire has been a divisive issue in the community, sparking protests, counter-protests and bitter accusations about responsibility.
In July 2024, Detective Acting Senior Sergeant Michael Ferwerda told Melbourne Magistrates’ Court that police alleged the offenders had been paid $20,000 for the arson job, information allegedly derived from the covert operation against Musa.
The work of the undercover operatives was aired by the detective in court in order to oppose the bail of one of the alleged offenders, Wayle Mana.
During his formal police interview, Musa had allegedly claimed to detectives he didn’t know why they had been paid to torch the restaurant.
Victoria Legal Aid declined to comment on behalf of Musa. The lawyer for Mana also declined to comment on behalf of their client.
The Burgertory arson attack destroyed the shop, causing about $450,000 worth of damage.
It came in the midst of rising tensions in the local community after Hamas’ attacks inside Israel on October 7, 2023, and the Israeli government’s bombardment of Gaza.
Tayeh has long maintained the firebombing was a hate crime or act of terror that followed weeks of harassment related to his stand on the conflict in Gaza.
“Today’s arson attack will not waver my calling for peace and will not silence me,” Tayeh posted on social media on the morning of the attack. Police immediately denied the suggestion that the attack was linked to Tayeh’s activism.
At 7pm that night, a Free Palestine Melbourne(FPM) rally was staged in Princes Park about a kilometre from the burnt shop. Police deployed pepper spray after clashing with about 100 protesters, who were also met by a counter-demonstration by Israel supporters who claimed the FPM protest was targeting a local synagogue.
In January, following the arrests, Inspector Scott Dwyer stated: “We know this incident was not a hate crime; it wasn’t motivated by prejudice or politics.”
The disclosure about what Musa allegedly told the undercover operatives has been part of the brief prepared by Victoria Police and provided to the Office of Public Prosecutions and defence lawyers in April.
An unidentified man threw a Molotov cocktail at Tayeh’s then Templestowe Lower house, which ignited the doorway and underneath the window of his two-year-old child’s bedroom.
In a social media post last week, Tayeh said that he had been informed by Victoria Police that the attack had now been classified as a “cold case”.
“Would the authorities walk away if it were their family? When hate burns through our communities and the system stands idle, it’s a betrayal that goes beyond one family, one case. It’s a message that justice is conditional and protection is selective,” Tayeh wrote.
Victoria Police did not respond to a request for comment about the investigation into the attack at Tayeh’s home.
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