NSW authorities seek advice after court rules anti-Israel vandalism was not antisemitic

The New South Wales government is seeking urgent legal advice following a Supreme Court ruling that determined anti-Israel vandalism committed by Mohommed Farhat did not constitute antisemitism. Justice Desmond Fagan rejected the state’s application to place Farhat under a one-year extended supervision order under the Terrorism Act, characterizing the spray-painting of slogans such as “Fuk Israel” on vehicles as “political comment” rather than antisemitic acts.

Justice Fagan criticized the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, describing it as “verbose and imprecise” and disconnected from the ordinary understanding of the term in Australia. The judge also noted that Farhat had been recruited and paid to commit the crimes, and that counter-terrorism police had failed to share intelligence with the prosecution indicating the acts were not ideologically motivated.

The ruling has drawn sharp criticism from the Executive Council of Australian Jewry, which labeled the decision dangerous judicial “activism” that ignores the impact on the community. Attorney General Michael Daley is currently reviewing the matter to determine if an appeal is warranted.