The Minns’ government has decided not to appeal the Supreme Court judgement that rejected the IHRA definition of antisemitism.
After advice from the Crown Solicitor and senior counsel, the NSW Attorney General, Michael Daley, told the NSW Parliament today that an appeal would have “no prospect of success”.
The case saw an attempt to impose an Extended Supervision Order upon 22-year-old Lebanese Australian Mohommed Farhat, who was recruited by organised criminals to spray-paint “Fuk Israel” on a car, then thrown out. The State Prosecutor had tendered the International Holocaust Remembrance Alliance (IHRA) in support of its case.
In his judgment, Justice Fagan had said, “The IHRA formulation does not reflect the established usage and understanding of the term ‘antisemitic’ in Australia.”
Greens MP and spokesperson for justice and solicitor Sue Higginson told MWM,
“The IHRA definition of antisemitism is an imprecise and wide-ranging definition which has no place in prosecutions and the justice system of New South Wales. Justice Fagan has rightly decried the IHRA definition as incomprehensible to the ordinary and reasonable member of the Australian public.”
“Across the NSW Government, the public service, and many other private institutions, this definition remains in force despite this clear guidance of the Supreme Court. Jillian Segal is attempting to expand the application of this definition, but I think this judgment should pour cold water over that proposition.”
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Kim Wingerei is a businessman turned writer and commentator. He is passionate about free speech, human rights, democracy and the politics of change. Originally from Norway, Kim first came to Australia in 1989. Author of ‘Why Democracy is Broken – A Blueprint for Change’.