NSW ‘seeking urgent advice’ on controversial court ruling that found anti-Israel vandalism was not antisemitic

The New South Wales government is considering an appeal after a Supreme Court judge ruled that anti-Israel vandalism did not constitute antisemitism, overturning the state’s attempt to impose a terror-related supervision order on a Sydney man.

Justice Desmond Fagan this week rejected the state’s bid to subject Mohammed Farhat to a one-year extended supervision order under terrorism laws upon his release from prison. The judge found that disparaging Israel amounted to political commentary rather than antisemitism, despite Farhat’s conviction for writing “Fuk Israel” on cars and setting a vehicle alight in late 2024.

The Executive Council of Australian Jewry condemned the ruling as dangerous judicial activism, arguing it overlooked the broader community impact of Farhat’s actions. Fagan’s decision, published Tuesday, also highlighted what he described as a serious miscarriage of justice in how Farhat was handled by lower courts and state agencies.

According to Fagan, Farhat—who has a Hezbollah tattoo—was not ideologically motivated but had been recruited and paid to vandalize property. Counter-terrorism police reportedly confirmed this intelligence three weeks after Farhat’s arrest in November 2024, yet this information was never shared with prosecutors or the magistrate who sentenced him. The state later sought to classify Farhat as a terror threat despite this assessment.

Fagan determined there was an “insignificant” risk that the 22-year-old, described as having limited intellect, would commit further terrorism offences. The government has since confirmed that Attorney General Michael Daley is seeking urgent legal advice on whether to appeal the decision.

A government spokesperson reiterated that the judiciary operates independently but emphasized the government’s commitment to combating antisemitism and hatred. The spokesperson declined further comment, citing the matter’s ongoing legal status.

Greens MP Sue Higginson has called for an investigation into police conduct, requesting the NSW police watchdog examine the handling of the case.