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RADICAL Islamist preacher Ismail Alwahwah, leader of the extremist political party Hizb ut-Tahrir, will avoid prosecution over a vile anti-Semitic ­tirade he delivered last year in which he called for the ­destruction of the Jewish race.

NSW Police Commissioner Andrew Scipione this week wrote personally to Anti-Discrimination Board boss Stepan Kerkyasharian advising police didn’t have enough evidence to mount a case, despite the speech being filmed and uploaded to YouTube.

The Daily Telegraph understands police were unable to ­establish who uploaded the video and despite a lengthy investigation believed they were unlikely to win a prosecution under the Anti-Discrimination Act. According to a DPP source, there was a “likely breach at a prime facie assessment but the case could not advance without a police investigation and preparation of evidence.”

It is understood part of Mr Scipione’s letter to the Anti-Discrimination Board read: “There are issues relating to identity … issues of timing ­relating to any prosecution.”

A statement from NSW Police last night said: “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.”

The NSW Jewish Board of Deputies originally referred the speech to the ADB and chief executive Vic Alhadeff last night reacted with outrage at news that Alwahwah would escape without conviction.

“This has been a test of whether the law is able to deal with someone who publicly calls for the death of a group of Australians based on their ethnicity,” he said.

“If it has failed. It means the people of NSW remain unprotected from such appalling incitement to violence. If no action commences under the current law ... then the Act should be fixed as a matter of urgency.”

During his speech Alwahwah said it was the role of Muslims to wipe out the Jewish race.

“The ember of jihad against the Jews will continue to burn,” a translated excerpt says. “Judgment day will not come until the Muslims fight the Jews ... tomorrow you Jews will see what will become of you — an eye for an eye, blood for blood, destruction for destruction.”

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