Jon-Bernard Kairouz: ‘TikTok Guy’ defends charge of encouraging crime at Sydney Covid-19 protest

A TikTok star who rose to fame after correctly “predicting” daily Covid cases has admitted breaching lockdown, but is still fighting one charge.

A TikTok comedian who rose to fame after correctly “predicting” daily Covid-19 cases during the 2021 Sydney lockdown was simply “putting on a comedic act” rather than encouraging protestors to commit a crime, a court has been told.

Jon-Bernard Kairouz faced Sydney’s Downing Centre Local Court for a hearing on Wednesday where he pleaded guilty to two counts of not complying with a Covid-19 notice or direction.

The comedian, who shot to fame after he correctly predicted the state’s Covid case numbers for five days straight during Sydney’s hard lockdown, breached the public health order by attending an anti-lockdown rally in the city’s CBD on July 24.

He was also charged with encouraging the commission of crime, but applied to have the charge quashed on Wednesday.

Defence barrister Daniel Grippi told the court the third charge related to an “act of encouragement which occured when Mr Kairouz gave a speech to the crowd out the front of Town Hall”.

TikTok Comedian Jon-Benard Kairouz faced a Sydney court today where he confessed to breaching Covid restrictions. Picture: NCA NewsWire / Nikki Short

“By virtue of some of his comments and the way in which they were delivered – with a megaphone while standing on the steps of Town Hall – that amounts to encouragement to persons in the crowd to breach a public health order that was in place at the time,” Mr Grippi said.

He argued that Mr Kairouz could not have encouraged the 3500 protesters to breach the Covid-19 directions as they were already gathering.

Mr Grippi told the court Mr Kairouz’s speech did not encourage a “separate breach or different act”.

“Because of those words, he’s committed the offence they’re already committing … they’re already gathering,” Mr Grippi said.

Police prosecutor Michael Cleaver rejected the claims and opposed having the charge of encouragement of the commission of crime dismissed.

“He encouraged others to participate in an outdoor gathering, they don’t have to be viewed as one and the same,” Sargeant Cleaver said.

Jon-Bernard Kairouz shot to fame after he correctly predicted the NSW Covid numbers during Sydney’s hard lockdown. Picture: John Feder / The Australian

Magistrate Emma Manea said she agreed the crime did not stop occurring once the protestors had gathered and rejected the application, prompting the parties to undergo a hearing over the charge.

Sargeant Cleaver called Detective Senior Constable Skye McSweeney to the stand as the only witness, who told the court she was provided body-worn video which showed Mr Kairouz making the speech at the protest.

The video was played to the court and shows the social media star atop the stairs of Town Hall, where he said: “As the people’s premier … I will say I’ve crunched the numbers; I don’t think the cases are going to be going up tomorrow”.

“Everyone that’s here, the people who are doing it tough, the small business … All we want is freedom,” Mr Kairouz said in the video.

Mr Grippi told the court there was “no evidence” to support the conclusion his client encouraged the crowd to breach a Public Health Order.

He argued Mr Kairouz was just putting on a “comedic act”.

Jon-Bernard Kairouz admitted to breaching lockdown in 2021. Picture: Twitter

However, he is fighting a charge of encouraging the commission of crime. Picture: TikTok

“It’s all part of his comedic act,” Mr Grippi told the court.

“He’s plainly standing up as a comedian and sprouting satirical opinions being the people’s premier.”

Sargeant Cleaver said Mr Kairouz knew the gathering was a prevention of the lockdown, which is evident in his guilty pleas, yet he continued to speak to the crowd and “encourage their participation”.

He told the court Mr Kairouz could control what the crowd were doing “to a certain degree”.

“It’s a dangerous finding a court would make that someone acting as a comedian, telling jokes, would excuse what amounts to criminal behaviour,” Sargeant Cleaver said.

“The defendant certainly does nothing to convey to the crowd that it’s one big joke.”

Magistrate Manea adjourned the matter to prepare her judgment, which will be in at least two months.

Jon-Bernard Kairouz arrives at court on Wednesday. Picture: NCA NewsWire / Nikki Short

Originally published as Jon-Bernard Kairouz: ‘TikTok Guy’ defends charge of encouraging crime at Sydney Covid-19 protest