Victoria Police face legal action over Shabbat protest

Victoria Police will face proceedings under the Racial & Religious Tolerance Act over an apparent decision to locate a pro-Palestine demonstration almost at the doorstep of a synagogue in 2023, triggering the evacuation of 150 congregants during Shabbat worship.

Documents relating to a settlement of an earlier proceeding, launched by Melbourne Jewish activist Menachem Vorchheimer in the Victorian Civil & Administrative Tribunal (VCAT), revealed that police authorised the anti-Israel protesters at Princes Park, directly outside Central Shule.

VCAT heard that on November 10, 2023, four weeks after the Hamas attacks and hours after the firebombing of Caulfield South burger shop Burgertory, owned by Palestine activist Hash Tayeh, a pro-Palestine rally was planned at Princes Park.

As The AJN reported, demonstrators directly outside the shule chanted “Allahu Akhbar” and “From the river to the sea, Palestine will be free”. Israel supporters gathered, some targeted by rocks. Several were treated by Hatzolah, including AJN photographer Peter Haskin, who was hit with police capsicum foam while photographing a scuffle.

In a statement this week, Free Palestine Melbourne (FPM) claimed it did not organise the rally, and did not authorise a post by activist Tasnim Sammak promoting it on its Instagram page. Sammak, the respondent in Vorchheimer’s initial VCAT proceeding, had accused Israel supporters of the firebombing. FPM claimed it contacted police around 5.30pm, shortly beforehand, “to express concerns” about the rally.

FPM stated, “We again reiterate our apology made on 11 November 2023 for the protest location and the evacuation of Central Shule. Organisers nominated the Burgertory restaurant as the location of the rally in a show of solidarity. The location was not chosen with knowledge or foresight of its proximity to a Jewish place of worship.”

Vorchheimer welcomed Sammak and FPM “accepting that Victoria Police stated at the time that the firebombing was not racially, politically or religiously motivated”.

But on social media, Tayeh slammed FPM’s apology as “the equivalent of me apologising for saying Zionists are terrorists and accepting defeat”.

Asked why he acted, Vorchheimer, a concerned Jew and victim of a widely publicised antisemitic street assault in 2006, told The AJN this week, “I felt obliged to do so.”

Vorchheimer’s proceeding against the State of Victoria and Victoria Police will be heard in VCAT from June 17.

In early 2024, two people were arrested in relation to the Burgertory fire and the case is currently before the courts.

The AJN approached Victoria Police for comment.