Weak courts ‘fuel rise of hatred’, anti-Semitism

Australia’s peak Jewish body has slammed ‘grossly inadequate’ sentencing guidelines for anti-­Semitic attacks.

Labor MP Josh Burns, one of the women accused of attacking his office, and the hateful graffiti sprayed on a window

Australia’s peak Jewish body has slammed “grossly inadequate” sentencing guidelines for anti-­Semitic attacks, as the Victorian police union warned a failure to make an example of perpe­trators risks losing community ­deterrence.

The head of the Executive Council of Australian Jewry, Alex Ryvchin, warned the attempt by the teenage perpetrators of the targeted attack on Jewish Labor MP Josh Burns’s ­office in June to avoid a criminal record set a dangerous precedent. “The fact that activists could set fire to the office of a Jewish MP and avoid a serious sentence shows how grossly inadequate sentencing guidelines are when it comes to domestic terrorism,” Mr Ryvchin said.

“Josh Burns was targeted not because of anything he has said or done but because he is a Jew with a public profile and a representative of Australian democracy.

“It was a violent assault on our political system and our freedoms. It is a short road from such crimes to violence directed at politicians and the burning of Jewish sites.”

Last month, a 19-year-old girl appeared at Melbourne Magistrates Court, charged over the attack on Mr Burns’ office, and her solicitor said her client would seek a diversion. She is due back in court on February 18.

A 17-year-old boy, charged over the same June incident, also appeared to avoid a criminal record if he successfully completes a diversion plan in February.

A woman, left, at the Melbourne Magistrates’ Court where she was accused of attacking Jewish Labor MP Josh Burns' St Kilda Office. Picture: Aaron Francis/NewsWire

Diversion would allow both perpetrators to avoid a criminal conviction by ­accepting responsibility for their actions and undertaking con­ditions that benefit the alleged ­victim, the community and themselves.

On Wednesday, Mr Burns was “reluctant” to comment given it remained before the courts, but he backed prosecutors to do their job.

“We’re not a kangaroo court, we adhere to the law (and legislation),” he said.

“I’m reluctant to get into the specifics because frankly I don’t know the specifics, but I would say what a terrible mistake (the alleged attack) it was.”

Police revealed five people broke through windows and painted walls with political slogans, including “Zionism is fascism”. Horns were also drawn on an image of Mr Burns.

Mr Burns, left, and Anthony Albanese outside the damaged Adass Israel Synagogue in Melbourne. Picture: Getty Images

Mr Burns said targeting any Australian official, business or property would not bring peace to the Middle East – “if vandalising my office brought us closer to peace, I would have vandalised it myself” – and ultimately he hoped the young people charged for the attack would learn and grow.

“Saying that, the people who recklessly lit fires in my office or burnt down a synagogue, putting lives at risk – the consequences need to be far more significant,” he said. “We treat each instance on its specifics and facts of the case, but where people put lives in danger, incite violence, then more severe criminal penalties should apply.”

The Police Association of Victoria, which represents more than 18,000 sworn officers, expressed frustration at the policing of demonstrations and rallies that “consumes hundreds of thousands of police hours each year”.

“These hours would be better spent focusing on crime prevention and supporting the community,” a spokesperson said.

“Any act of anti-Semitism is deeply concerning and goes against the values we hold dear in Australia,” they added.

“That is why TPAV was the first to call for clarity and for rigidity when it came to creating and applying legislation around the display of anti-Semitic symbols and gestures in public places and gatherings.

“There’s a range of sentencing and other outcomes at court that fail to fulfil the objective of promoting general deterrence to the community,” the association’s spokesperson said.

“This is a common source of frustration for our members and a likely driver of criminal offences, which have soared in Victoria.”