Chief judge Andrew Bell condemns anti-Semitism and criticises Elon Musk

The NSW Chief Justice has called for perpetrators of anti-Semitism to be punished, as he accused tech billionaire Elon Musk of ‘trivialising’ the historical mistreatment of Jews.

NSW Chief Justice Andrew Bell. Picture: Damien Shaw.

The chief judge of Australia’s largest jurisdiction has called for perpetrators of the “distressing and terrifying” rise of anti-Semitism to be punished, and accused tech billionaire Elon Musk of “trivialising” the historical mistreatment of Jews.

In a speech officially opening the legal year, NSW Chief Justice Andrew Bell said the growing number of targeted attacks on Jewish Australians “must not be permitted to stain the soul of our city”, and the display of Nazi or terror symbols is “not an acceptable form of political protest”.

“That does not mean that political protests may not occur but, in a civilised, democratic society, there are peaceful and respectful ways for that to occur that do not involve invoking the terror and callous inhumanity of one of the darkest periods in human history,” he said.

The speech marks a significant intervention from the Chief Justice in the crisis gripping the state, after multiple attacks on prominent Jewish suburbs in Sydney, the firebombing of cars, vandalism of homes, synagogues and schools, and a plot involving an explosives-laden caravan.

Chief Justice Bell also took aim at Mr Musk – whom he referred to only as the Tesla chief executive – for supporting far-right German political party AfD, saying it is a “matter of great concern” that Mr Musk has “unaccountable political power” in the US.

“The recent promotion and apparent endorsement of a reportedly far-right political party in Germany by the chief executive of Tesla, who also controls a vast communications network and asserts and appears to exercise substantial but unaccountable political power in the United States through proximity and patronage, is also, and should be, a matter of great concern,” he said.

“So, too, should be the same individual’s use of flippant puns involving the names of leading historical figures from Nazi Germany to respond to legitimate criticism. Anything trivialising or making light of those indelible events of history is irresponsible and neither clever nor amusing.”

The comments follow Mr Musk’s elevation to “special government employee” under Donald Trump’s presidency, allowing him to run the Department of Government Efficiency and enact mass headcount reductions among public servants.

At Mr Trump’s inauguration, Mr Musk, also the CEO of social media platform X, made straight-arm gestures many construed to be a Nazi salute.

Responding to the backlash, he made joking references to the names of prominent German Nazis, telling his more than 200 million X followers: “Don’t say Hess to Nazi accusations! Some people will Goebbels anything down!”

The Chief Justice said recent international and domestic events have “generated a sense of great disquiet and anxiety about the state of society and the rule of law”.

“At the outset, can I add my strongest condemnation to the distressing and terrifying rise in anti-Semitic activity in our city and country in recent months. It is despicable and totally unacceptable, and its perpetrators and promoters deserve condign punishment,” he said.

“Neither the Jewish community nor the community more generally should be held to ransom by acts of terror, intimidation and hatred. As has recently been well said, this conduct must not be permitted to stain the soul of our city.”

The speech was delivered the same day NSW Premier Chris Minns announced a suite of strengthened hate-speech reforms, including a new criminal offence of “intentionally inciting racial hatred”.

Chief Justice Bell offered his “strong support” to practitioners “of Jewish faith at this time and indeed to those of all faiths and ethnic and racial groups who make up our community and profession”.

“Freedom from fear is a cardinal element of a liberal democracy, as is the freedom to practise or indeed not to practise a religion. Australia should be a beacon of tolerance and decency with our proudly diverse community built on principles of mutual respect for each other and for the operation of the rule of law, which undergirds the safe and peaceful existence and functioning of our society,” he said.

“The brazen resurgence of anti-Semitism is a potent reminder that the lessons of history cannot and must not be forgotten. Nor can they be permitted to become subject to insidious revisionism.”