NSW Court Rules Police Mischaracterized Graffiti as Antisemitic in Farhat Case

Sydney, Australia – A New South Wales supreme court justice ruled this week that police, lower courts, and state agencies incorrectly labeled Mohommed Farhat’s actions as antisemitic, leading to a harsher sentence than warranted.

Justice Fagan Criticizes Handling of Case

Justice Desmond Fagan stated that the graffiti, including the phrase “Fuk Israel,” was “a curse against a foreign state” and criticized the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism as “detached from reality” and “inept.” He described the case as a “serious miscarriage of justice,” noting that police misrepresented Farhat’s motivation as a potential terror threat.

Farhat’s Initial Charges and Plea

Farhat, 20, pleaded guilty to 15 offences related to property damage, including spray-painting “Fuk Israel” on cars and setting a vehicle alight in late 2024. He claimed he was recruited to carry out the graffiti by an unknown individual and was paid money and promised drugs.

Police Intelligence and Overturned Parole Order

Police initially treated the incident as potentially linked to the Kurdistan Workers Party (PKK) due to the inclusion of “PKK coming” in the graffiti. However, three weeks after Farhat’s arrest, counterterrorism police determined he was recruited and not ideologically motivated. Despite this intelligence, the state attempted to apply for an extended supervision order under the Terrorism Act, which would have imposed 55 conditions on his release.

Sentencing and Initial Parole Conditions

Initially, a magistrate sentenced Farhat to 20 months in prison with a 10-month non-parole period, recommending extended supervision on parole due to concerns about drug and alcohol use and mental health. However, the parole order was later revoked.