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Anger at DPP decision not to prosecute over anti-Jewish rant

Anthony Klan

The Australian, 28 August 20105

The NSW Jewish Board of Deputies has labelled as “a travesty” the failure by NSW authorities to take action over an alleged Sydney race-hate incident where Muslims were called on to “rid” the world of “Jewish hidden evil”.

It is the 31st consecutive time that NSW Police and the NSW Department of Public Prosecutions have chosen not to take legal action over alleged race-hate ­incidents despite requests from the NSW Anti-Discrimination Board.

The NSW Jewish Board of Deputies lodged a complaint in March against the Australian head of extreme Islamist group Hizb ut-Tahrir, Ismail al-WahWah, after video footage emerged of him ­allegedly calling for violence against Jews.
“Judgment Day will not come until the Muslims fight the Jews,” Mr Wahwah said in a speech to a crowd in Lakemba in Sydney’s west.
“Tomorrow you Jews will see what will become of you — an eye for an eye, blood for blood, ­destruction for destruction.”

Within weeks, the NSW Anti-Discrimination Board determined a “serious breach” of race hate laws had occurred and passed the case to police and the DPP, however, both have failed to take action.
Jewish Board of Deputies chief executive Vic Alhadeff said the failure by authorities to respond meant that “every ethnic group is at risk”.
“It gives a free pass to people to publicly call for the death of fellow Australians on the basis of their ethnicity,” Mr Alhadeff said.
“No fair-minded Australian would accept that.”

The case has shone the spotlight on anti-discrimination in the state.
It has emerged that since anti-discrimination legislation was introduced in NSW in 1989, the Anti-Discrimination Board had referred 30 alleged race-hate cases to the DPP, but it had not prose­cuted one of the referrals.

When contacted by The Australian, a spokesman for NSW ­Attorney-General Gabriel Upton directed The Australian to the DPP, which in turn said questions should be directed to the police.

NSW police refused to provide any information on the case other than releasing the following statement: “The NSW Police Force has investigated the complaint thoroughly and found that, at this time, it is not possible to identify who uploaded the footage in question or charge him or her for uploading the offensive material.”

It was unclear why police were focused on who uploaded the ­material when the complaint regarded the alleged making of comments in front of a crowd in public.
Questions also remain over why it has taken police almost five months to make a decision.
Requests for further clarification were ignored.

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