Birenbaum ‘vindicated’ as Cairo Takeaway defamation case settles

Ofir Birenbaum says he feels “vindicated” after a legal dispute with Cairo Takeaway was settled after more than 400 days, with the restaurant offering a public apology for false statements made about him.

The case arose from an incident on February 11, 2025, when Birenbaum, wearing a Star of David cap and pendant, entered the Newtown restaurant as part of a Daily Telegraph investigation into antisemitism in Sydney.

“I have been completely vindicated. After more than 400 days, my defamation proceedings against Cairo Takeaway have settled and I have been given a unreserved public apology for the lies they told about me,” Birenbaum said.

“Those lies were amplified by media, seized upon by politicians, and repeated by commentators who rushed to condemn – and who are now nowhere to be found.

“This was never a stunt. It was legitimate public interest journalism at a time when anti-semitism in Sydney was escalating, visible, and dangerous, and heading towards more violent and hateful atrocities.”

Birenbaum said he walked the streets of Sydney as a visibly Jewish man to answer a simple question: would he be treated differently?

“The answer was yes. And when that truth was exposed, the response was not reflection – but ridiculous fabrication. I was lied about, vilified, and turned into a target. The consequences were real: a torrent of abuse, public condemnation, and even a police raid on my home based on false reports.”

Birenbaum’s lawyer Rebekah Giles, founder of Giles George, said: “This is an important win for Ofir Birenbaum and the Australian Jewish community. It’s vindication for Jews across the globe who have been falsely accused of staging acts of antisemitism.

“How quickly our media, politicians and community leaders adopted the antisemitic trope being peddled by this Café and its staff and then, after the video footage of the incident was released exonerating Ofir, how quickly did the guilty parties offer up ‘context’ to their lies.

“Full credit must go to Ofir Birenbaum for having participated in this exercise at a time of increasing antisemitism and then having the courage of his convictions to seek accountability despite the tsunami of hate, contempt and ridicule directed at him. A lesser man would have cut his losses and walked away.”

Joint Statement

The Daily Telegraph, Cairo Takeaway and Ofir Birenbaum issued the following joint statement:

“On 11 February 2025, Jewish man, Ofir Birenbaum, who was wearing a Star of David cap and pendant, and representatives from the Daily Telegraph newspaper, entered the Cairo Takeaway in Newtown, resulting in an incident with Cairo Takeaway staff.

“All parties are pleased that the legal disputes arising from this incident have now been resolved on confidential terms.

“Cairo Takeaway accepts that Mr Birenbaum was polite to staff when he entered the premises and purchased a drink, and they unreservedly apologise to him for the false and defamatory statements to the media, Instagram posts and comments by members of the public directed at Mr Birenbaum on its social media accounts.

“The Daily Telegraph acknowledges that entering the Cairo Takeaway without notice, to see if Mr Birenbaum would be treated differently for the purpose of a news article, caused distress to the staff and owner of the Cairo Takeaway. The Daily Telegraph unreservedly apologises to Cairo Takeaway and their staff for causing that distress.

“All parties are pleased that these issues have now been resolved in a constructive and satisfactory manner. In doing so, they acknowledge that all Australians should be able to safely express their racial or religious affiliation as well as debate issues in a respectful and dignified fashion. The parties hope that the fact of a resolution can be a positive example for others.”