Alleged Miznon restaurant protester ‘politically motivated' police claim
Antwany Arnold, 50, appeared in Melbourne Magistrates Court via video link on Wednesday for a second bail application after his first bid was denied earlier in July.
Mr Arnold was charged with assault, affray, riotous behaviour and criminal damage after allegedly throwing food and chairs outside Miznon restaurant on Hardware Lane on July 4.
CCTV footage shown in court captures a group of protesters chanting 'Death, Death to the IDF' and activating a siren among the outdoor tables.
Police allege Mr Arnold knocked a table over and threw a pair of chairs, before having a verbal altercation with a female and throwing a chair in her direction.
The court was told Mr Arnold was already on bail at the time for an earlier alleged incident, and his previous bail application was refused due to breaching a condition which prohibited him from entering the CBD.
'While police support the right to free speech, the way the accused goes about it is aggressive, violent, confrontational, and against community standards,' Detective Senior Constable Daniel Sanderson said.
Mr Sanderson said Mr Arnold represented an unacceptable risk as he showed a 'complete disregard for court imposed bail'.
Tim Hutton, acting for Mr Arnold, said elements of the alleged offending had been 'unfairly exaggerated' by police in their summary.
The court was told Mr Arnold was a 'familiar face' in the pro-Palestine movement, with a group of supporters present in court and online.
Chloe Campbell, who knows Mr Arnold from their involvement in protests, gave evidence she had never seen Mr Arnold act or behave violently.
'He's always been a joy to see when we see them at the rallies,' she said.
Mr Hutton said Mr Arnold's long history of peaceful involvement in the protest movement signalled the alleged offending was 'not the norm' and was not motivated by a hatred of Jewish people.
'It's proposed the offending has been driven by anti-Semitism, I oppose this as strongly as possible,' Mr Hutton said.
'It is the most passionate condemnation of an organisation, the IDF, it is a condemnation of the atrocities and war crimes they've committed.
'That chant is not specifically calling for the murder of individual IDF soldiers but calling for the end of that organisation.'
Prosecutor Alex Turner said police allege the offending was politically motivated and the community's safety was being compromised by the actions of Mr Arnold.
'Politically motivated offending is rife in the community currently,' he said.
Magistrate Michelle Mykytowycz rejected the claim there was no intention of violence in the alleged offending.
'In the circumstances I have to say I completely disagree with that,' she said.
'Regardless of the purpose of the protest … I have to consider the allegations of Mr Arnold's behaviour on that day.'
Mr Arnold's lawyer said delays to court proceedings could keep him in custody longer than any possible period of imprisonment that might be imposed.
'Many of these matters are likely to be heading to contest, if he was held in custody that would be an injustice given how significant the delays might be,' the court was told.
'We're looking at January, by that time Mr Arnold would have spent six months in custody, this offending would not warrant a term of imprisonment of that length.'
Mr Turner said claiming to be involved in a protest should not absolve a person of criminal responsibility for their actions, submitting that a term of imprisonment would be the 'only course of action'.
No decision on bail was reached and Ms Mykytowycz will hand down her decision on July 30.
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