Sheik Ahmed Zoud’s hate rants must stop, says Tony Burke

One of Labor’s most pro-Palestine ministers has called on hate preachers in his electorate to face the full force of the law over their radical sermons.

Employment Minister Tony Burke has condemned anti-Semitism in his Watson electorate. Picture: Martin Ollman

One of Labor’s most pro-Palestine ministers, Tony Burke, has called on hate preachers in his electorate to face the full force of the law over their radical sermons and said he hoped his own government would soon legislate stronger protections against anti-Semitic hate speech.

Local tensions over the Israel-Hamas war have heightened after two southwest Sydney clerics called Jewish people “monsters” and “descendants of pigs and monkeys” – one within Mr Burke’s Watson electorate – but police have been unable to charge either over the diatribes.

Mr Burke, the Arts and Employment Minister, said he wanted “legal protections” to be used against the clerics and signalled his support for a ban on religious-based hate speech in the Attorney-General’s upcoming draft of a religious discrimination bill, due before July.

“There are legal protections against racist hate speech and I hope they are used,” said Mr Burke, whose electorate encompasses As-Sunnah mosque, where sheik Ahmed Zoud gave a sermon calling Jews “monsters”.

“We don’t yet have legal protections under commonwealth law against hate speech directed against people for their faith. I hope we see that change soon.

“I consistently condemn hate speech in all its forms – (the sheik’s) comments should be rejected without reservation.”

Mr Burke’s condemnation comes after he supported a council in his electorate flying the Palestinian flag – which “represented grief in that community” – and Labor’s backing of a ceasefire at the UN General Assembly. The minister has condemned Hamas and previously urged “everyone to keep the situation in Australia as calm as possible”.

Sheik Ahmed Zoud gave a sermon at Lakemba's As-Sunnah mosque in Sydney on December 22 where he called Jews ‘monsters’.

NSW Police confirmed on Thursday that it reviewed the sermon but was unable to proceed further given the parameters of relevant legislation, “and it was ascertained that it did not meet the threshold of any criminal ­offence”.

NSW criminal provisions outlaw “incitement of violence” on the basis of race and religion, and has civil provisions that outlaw “incitement of contempt or hatred” on the same grounds, although this requires complainants to put forward a case to Anti-Discrimination NSW.

The federal Racial Discrimination Act outlaws similar acts on the basis of race or ethnicity, but not religion.

The Australian revealed on New Year’s Day how Attorney-General Mark Dreyfus could include hate speech provisions in Labor’s new religious discrimination bill, which would make it illegal to ridicule someone for their faith, although leaders held concerns about its usage in practice.

The Australian understands for state police to charge under the criminal act it would require a specific call for violence against a specific person or group, such is the legislation’s narrow scope.

Mr Burke said it was “important to note” that As-Sunnah was not one of Watson’s more widely attended mosques, adding: “Our community has a strong record of rejecting hate speech.”

Abu Ousayd, pictured outside the Al Madina Dawah Centre, has called on people to spit on Israel so ‘Jews would drown’. Picture: Justin Lloyd

He said although everyone had a right to views on the war, he wanted to ensure those didn’t stoke societal tensions.

“It’s important that people’s views on the horrors they are seeing overseas don’t affect how we treat each other,” he said.

Mr Burke’s move to call out the clerics and urge for stronger criminal provisions was welcomed by the country’s peak Jewish body.

“The minister’s comments condemning Ahmed Zoud’s racist sermon are welcome,” Executive Council of Australian Jewry co-CEO Peter Wertheim said.

“There are multiple ethnic and faith communities in Australia, and there’s no room for hate­mongering by any community against any other.”

He said it was on governments to take “decisive action” to stop anyone seeking to “set Australian against Australian”.

Executive Council of Australian Jewry co-CEO Peter Wertheim.

“It shouldn’t be left to vulnerable individuals to have to fend for themselves,” he said.

A well-placed legal source said that, “in simple terms”, NSW did not have “anywhere near strong enough provisions” against hatred-incitement, pointing to WA’s criminal code that outlawed “racial-hatred incitement”, as opposed to just “violence”.

Opposition home affairs spokesman James Paterson asked what it would take for the government to act.

“I wonder what it will take, how overt the incitement has to be before our governments use the extensive anti-vilification, anti-incitement, anti-harassment laws that have been passed, which were put in place with exactly these scenarios in mind,” he said.

The Australian revealed similar sermons at the Al Madina Dawah Centre, which were condemned by Education Minister Jason Clare – the centre sits in his electorate – who said “there’s no place for hate in Australia”.

NSW Premier Chris Minns, left, and Anthony Albanese. Picture: Thomas Parrish

In those sermons, clerics Mr Ousayd – also known as Wissam Haddad – and “Brother Ismail” called for jihad, recited parables about killing Jews, and encouraged people to spit on Israel so “Jews would drown”.

Police made inquiries but found the comments didn’t reach the criminality threshold.

Another cleric at the centre, “Brother Muhammed”, called for the establishment of an Islamic army to fight the West, calling it the “final solution”.

In NSW, section 93z of the crimes act outlaws public incitement of violence on the basis of race or religion, although the threshold is high and scope narrow.

A spokesman for the NSW Labor government said that it was “always prepared” to improve laws, and that the state’s anti-discrimination legislation was subject to a review by the Law Reform Commission.