By Erin Pearson and Chris Vedelago
Burgertory owner Hasheam “Hash” Tayeh has hit back at those calling for him to apologise for branding the alleged firebombing of his Caulfield store a hate crime, after two men were charged with arson.
Tayeh posted a message on Thursday to his Instagram page after police confirmed the fire in November was not motivated by his views on the war in Gaza.
Burgertory in Caulfield was gutted by an alleged arson attack in November.Credit: Simon Schluter
A rally in support of Tayeh – and more generally, Palestine – in the area the night after the fire turned ugly when a pro-Palestine group clashed with a pro-Israel group, and police pepper-sprayed at least one protester as tensions began to boil over.
But Tayeh said on Thursday his views at the time were based on weeks of having his staff harassed, his shop being spat on and plastered with posters of kidnapped Israelis.
“We thank the police for their ongoing work and dedication,” Tayeh said in the video.
“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?
“I ask you, do these two arrests change the fact that for two weeks our store was on the receiving end of abuse, threats and intimidation?
“How would you have felt if it was your family that felt scared?”
Police said on Wednesday the two arrests came after a lengthy investigation.
“We know this incident was not a hate crime; it wasn’t motivated by prejudice or politics,” said Moorabbin Investigation and Response Inspector Scott Dwyer.
Two men, aged 25 and 27, are accused of setting Caulfield’s Burgertory store alight.
“Our members have been working diligently on this case to hold those [allegedly] responsible to account and prevent further crimes like this from occurring.
“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.”
Preston man Wayle Mana, 24, was due to appear in Melbourne Magistrates’ Court on Thursday charged over the alleged firebombing of the burger shop and the torching of a Bendigo tobacco store on Monday.
But Mana refused to leave his cell, and defence lawyer Charlie Nikakis told the court his client was suffering from a serious leg injury which made it “too painful” to walk.
“Yesterday when he was arrested one of the things the police did was take him to hospital. He has a severe injury on his leg,” Nikakis said.
“Consequently, it would be painful to come up [from the cells].”
Instead, the hearing went ahead in Mana’s absence, and magistrate Rohan Lawrence was told police needed additional time to compile a brief of evidence which includes telephone intercepts in a foreign language.
Police arrested Mana on Wednesday and charged him with arson, robbery and car theft after the burger store, at the corner of Glen Huntly and Hawthorn roads, was gutted by fire in the early hours of November 10 last year.
He was also charged with arson over a blaze that caused $4 million worth of damage to a Bendigo tobacco store, but police said it was not linked to the tit-for-tat fires being investigated by the Lunar taskforce into Victoria’s tobacco wars.
Court documents released to the press show Mana is accused of stealing a $10,000 gold 2002 Mercedes from Doncaster and intentionally causing $450,000 damage to Burgertory, which belongs to Hash Enterprises, in November.
He is also charged with stealing a $30,000 red 2020 Maxda CX-5 and setting fire to the Free Choice Tobacconist shop in Bendigo in January.
Tayeh’s lawyer, Moustafa Kheir, said in a statement on Wednesday that Burgertory was assisting police, including providing all evidence of threats and intimidation received by the chain before the alleged arson attack.
Kheir said the chain was pleased the investigation had now progressed.
“Burgertory fully respects the criminal justice system process and looks forward to achieving justice and information around the motive behind this dangerous crime,” he said.
Mana was remanded in custody to face court in May. No application for bail was made.
The second man also arrested on Wednesday as part of the police operation, a 27-year-old from St Albans, was earlier released on bail and is due to reappear in court on Friday.
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