NSW Supreme Court Judge says anti-Israel graffiti case was mishandled as antisemitic

In a written judgment, Justice Desmond Fagan concluded that police, magistrates and state agencies incorrectly described Mohommed Farhat's graffiti as antisemitic, leading to an unjustly severe response. Farhat, who admitted to fifteen property-damage offences such as spray-painting “Fuk Israel” on cars and setting a vehicle ablaze, claimed he was hired and paid for the acts. The court learned that counter-terrorism intelligence confirming his recruitment was withheld from the prosecution and the magistrate.

Fagan rejected the application of the International Holocaust Remembrance Alliance definition of antisemitism to the case, emphasizing the distinction between political criticism of Israel and antisemitic speech. He also dismissed the state’s attempt to secure a one-year extended supervision order under the Terrorism Act, finding insufficient evidence of a terrorism risk. The ruling called the proceedings a serious miscarriage of justice and ordered the state to reconsider its approach.