Hours of footage, ‘meticulous investigation’ required to prosecute Opera House anti-Semites
Hours of footage and a ‘meticulous investigation’ would be required to prosecute those who chanted ‘gas the Jews’ at the Sydney Opera House steps, police and legal experts said.
NSW police have trawled through hours of CCTV footage from a pro-Palestine rally on October 9 that descended into anti-Semitism, although a “meticulous” – potentially lengthy – investigation would be needed to compile a prosecutable brief of evidence.
It comes as federal senator Andrew Bragg wrote to NSW Police Minister Yasmin Catley asking for a timetable for when charges could be laid, and legal advice from a barrister as to how anti-Semitic slurs could have breached the Crimes Act.
On Tuesday, NSW police confirmed a 63-year-old man had been arrested over alleged offensive remarks at another pro-Palestine rally on Sunday in Sydney, and they released CCTV footage to “assist with inquiries” of a man throwing a flare on October 9 at the Opera House.
Last week, police formed Operation Shelter, which incorporates Strike Force Mealing – the taskforce looking into the October 9 scenes – to co-ordinate policing response to future rally activity.
On Wednesday, the force released imagery of a further five people who may be “able to assist with inquiries”, pertaining to an argument on October 9 at the Opera House where a 45-year-old man was allegedly assaulted and spat at.
“Strike force detectives have conducted extensive inquiries and have viewed hours of footage to identify those involved, and potential offences that were committed,” a NSW police spokeswoman said. “These inquiries are ongoing; once a person or an offence is identified, there is still a meticulous investigation that must take place prior to arrests and charges.”
Investigators would need to compile a brief, which would then be used to seek approval from the Department of Public Prosecutions to initiative prosecution.
On Monday, Senator Bragg wrote to Ms Catley amid her alleged “silence on the matter”, asking for a timetable on possible charges. “I understand ministers do not run investigations, that is the role of the police,” he wrote.
“But I am concerned that the Labor government’s silence on this matter sends a signal that the state is not serious about law enforcement to protect our citizens.
“It is very important that the laws of our state are enforced, otherwise there is no point in having laws on the statute books.”
Senator Bragg attached a nine-page document from Black Chambers barrister Andrew Boe in which he detailed how chants heard on October 9 could breach section s93Z of the Crimes Act.
Although Mr Boe said the terms “f..k” the Jews and Israel could fall short of constituting an offence, “gas the Jews” slurs, if attributed, could “be sufficient to warrant prosecution”.
Ms Catley said “actions were being taken to ensure those responsible who can be identified are put before the courts”.
She encouraged people to come forward if they recognised an individual in the videos. “As Mr Bragg wrote … ministers do not run investigations; that is the role of the police – charges and the timeframe in which they are laid are matters for the NSW police,” she said. “I want to assure the Jewish community that we are doing everything we can to ensure you feel safe and are safe in this city.”
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