Royal Commission Excludes Bondi Attack Details to Avoid Prejudicing Criminal Case
Commissioner Virginia Bell presided over the inaugural public hearing of the royal commission on antisemitism and social cohesion in Sydney on Tuesday, marking a significant step in Australia's response to the devastating Bondi beach terror attack. The inquiry, established following the December 14th tragedy that claimed 15 lives and injured 40 people at a Hanukah event, will deliberately avoid examining crucial elements of how the attack unfolded.
Scope Limited to Protect Legal Proceedings
In her opening statement, former High Court justice Virginia Bell explained that the commission's scope must be reduced to prevent any potential prejudice to ongoing criminal proceedings. "An individual has been charged with a terrorism offence and with 15 counts of murder and 40 counts of attempted murder arising out of the attack," Bell stated. "The trial of that individual will be the occasion to lead evidence of the attack. This commission must do its work without risking any prejudice to that criminal proceeding."
Bell acknowledged that many might expect the royal commission to hear detailed evidence about the attack itself, including the heroic actions of those who confronted the shooters and provided medical assistance to the wounded. However, she emphasized that the criminal trial would serve as the proper forum for such evidence, while her commission would focus on broader societal issues.
Commission's Mandate and Timeline
The royal commission will adopt the International Holocaust Remembrance Alliance's working definition of antisemitism, which describes it as "a certain perception of Jews which may be expressed as a hatred towards Jews." This definition encompasses antisemitism directed toward Jewish or non-Jewish individuals, their property, and Jewish community institutions and religious facilities. Bell clarified that "criticism of the policies that may be pursued by the government of Israel from time to time is not, of itself, antisemitic."
Despite being required to deliver her final report by the first anniversary of the attack, Bell cautioned that building social cohesion would likely require years of work. "Examining the ways in which we might strengthen social cohesion in Australia could well be the work of years, not months," she said. "One small part of coming to terms with the events of that evening will be the work of this commission. I regard the delivery of my report on or before the first anniversary as a matter of critical importance."
Inquiry's Focus Areas
The commission will concentrate on several key areas: identifying antisemitic conduct and its drivers in Australian society, examining how law enforcement and security agencies address antisemitic conduct and protect the Jewish community, and investigating the circumstances leading up to the Bondi attack. Bell encouraged public submissions, particularly from Jewish Australians who have experienced antisemitism "whether at school or at university or in the workplace or elsewhere."
Senior counsel assisting the commission, Richard Lancaster, described the December attack as a "truly horrifying event" that caused immense trauma and deep sadness to Jewish Australians, Bondi community members, visitors, and first responders. He emphasized that social cohesion requires "mutual acceptance of our respective democratic freedoms exercised according to law" and begins with empathy.
Broader Context and Intelligence Review
While acknowledging that antisemitism represents one of humanity's oldest religious and ethnic prejudices, Bell noted that other religions and ethnicities in Australia also face discrimination. The inquiry will therefore consider religious faiths, ethnicities, and cultures generally. However, she stressed that "against the background of the massacre of innocent people who appear to have been targeted simply because they were Jewish, I trust everyone will appreciate why the focus of this commission will be on tackling antisemitism as a starting point in strengthening our bonds of social cohesion."
The commission has also incorporated an intelligence and security review led by former Australian Security Intelligence Organisation head Dennis Richardson, further broadening its examination of Australia's counter-terrorism framework and social cohesion challenges in the wake of the Bondi tragedy.
