A man accused of making antisemitic comments while holding his hand in the shape of a gun and pointing it towards a Jewish woman onboard a return flight from Asia is “no threat to the Jewish community”, his lawyer has emphatically told a Sydney court.
Nazih Chahine, 19, was arrested by Australian Federal Police when he got off a flight from Bali on Wednesday afternoon, after airline staff reported allegations of a disturbing mid-air incident onboard the flight.
It is alleged Chahine made antisemitic threats towards a female passenger, whom he knew was affiliated with the Jewish community, while holding his hand in the shape of a gun.
Chahine was charged with one count of threatening force or violence against members of groups or close associates – an offence which carries a potential maximum penalty of five years imprisonment upon conviction.
Chahine fronted a Sydney bail court on Thursday where his legal team, consisting of barrister Ertunc Ozen and solicitor Talal Krayem, successfully argued for his release on conditional bail.
As part of his bail, Chahine is banned from entering the suburbs of Bondi or Bondi Beach and must live at an address in western Sydney.
Mr Ozen said his client’s actions – even if the words alleged to have been said be him were proven – did not amount to a hate crime.
“There is no evidence that Mr Chahine holds a particular set of beliefs about a section of our community,” he said.
“I am not ignorant to the fact that an atrocity was committed four days ago that shocked the community to its very core.
“I can address your Honour further on that, but this is not the man who is evincing terrorist beliefs.
“He is not a threat to the Jewish community.”
Mr Ozen noted Chahine, two of his friends, and the alleged victim, along with other flight passengers, had been discussing the tragic events at Bondi before they boarded the flight.
“There is no expression of any support [by Mr Chahine] for what occurred or any extremist ideology, and indeed, on the basis of the statements that your Honour has, quite the opposite,” Mr Ozen said.
“These are young men who go out of their way to disavow any support for or sympathy for what took place on Bondi Beach on the 14th of December, that much is clear.”
Mr Ozen said the incident arose when Chahine objected to being told by airline staff he was unable to use a vape on the plane.
He said a “moment of conflict” arose between Chahine and the alleged victim, resulting in Chahine appearing to make a “perhaps foolish, certainly distasteful statement”.
He said Chahine denied making any direct threat or gun gesture with his hand, as alleged by police.
There is no evidence that the Australian Federal Police or the joint counterterrorism team have any concern for this man,” he said.
“There is no evidence that he’s had any prior involvement with, association with or expressions of support for Islamist or extremist belief.
“He’s a young man who, at the end of a long journey from Bali, says something stupid and frankly, quite distasteful at the worst possible time.
“It’s for those reasons that I respectfully submit he does not pose a threat to the community.”
Magistrate Daniel Covington agreed to grant bail, noting the Commonwealth prosecutors did not oppose such a course.
The matter will return to court in February.
