The New South Wales government may appeal a Supreme Court judge's decision to refuse a terror order for a Sydney man convicted of property damage. Justice Desmond Fagan ruled this week that disparaging Israel constituted "political comment" rather than antisemitism.
The ruling rejected the state's application for Mohommed Farhat to be subject to a one-year extended supervision order under the Terrorism Act upon his release from prison. Farhat was convicted of writing "Fuk Israel" on cars and setting another vehicle alight in late 2024.
Justice Fagan found that lower courts and various state agencies had incorrectly labelled Farhat’s actions antisemitic. This meant he was treated more harshly after pleading guilty to 15 offences related to property damage in Woollahra.
Intelligence provided to the Supreme Court showed counter-terrorism police had accepted in November 2024 that Farhat was not ideologically motivated, but had been recruited and paid to write the slogans. Police had not shared this information with the prosecution or the sentencing magistrate, according to Fagan's findings.
A government spokesperson stated on Thursday that Attorney General Michael Daley was "seeking urgent advice about the prospects of an appeal" regarding Fagan's decision. Separately, Greens MP Sue Higginson has requested an urgent investigation by the NSW police watchdog, the Law Enforcement Conduct Commission (Lecc), into the police's handling of the case. The Lecc's chief executive, Peter Johnson SC, confirmed on Thursday that the request was being considered.