NSW ‘seeking urgent advice’ on controversial court ruling that found anti-Israel vandalism was not antisemitic
The Guardian · 2026-08-21
New South Wales Attorney General Michael Daley is urgently seeking advice regarding an appeal after Justice Desmond Fagan ruled that anti-Israel vandalism was not antisemitic. Fagan rejected the state's request for an extended supervision order under the Terrorism Act for Mohommed Farhat, 22, who spray-painted "Fuk Israel" on cars in Sydney in November 2024. Farhat, who has a Hezbollah tattoo, pleaded guilty to 15 property damage offences, but Fagan found his actions were "political comment," not antisemitic, and that police and state agencies had incorrectly labeled them as such, leading to harsher treatment. Fagan determined Farhat posed an "insignificant" terrorism risk given his "limited intellect."
Australia's peak Jewish group, the Executive Council of Australian Jewry, called Fagan's ruling dangerous judicial "activism" and criticized his rejection of the IHRA definition of antisemitism, arguing it ignored the community impact. Conversely, the progressive Jewish Council of Australia welcomed Fagan's distinction between anti-Israel and antisemitic speech, noting it shields legitimate scrutiny of Israel. Meanwhile, Greens MP Sue Higginson requested a Law Enforcement Conduct Commission investigation into police handling, citing a "material failure" to provide critical evidence, potentially resulting in Farhat's "wrongful incarceration" despite his initial December 2025 parole date.
*The full article also explores the differing interpretations of antisemitism and its definitions, particularly the IHRA framework, and the broader implications for free speech versus hate speech in Australia.*