Uncle Robbie Thorpe vs the State of Israel

Oct 14, 2024
thorpe v Israel October 2024-c Image: supplied Copyright held by author.

“I find it offensive that this country that committed genocide against us is now allowing our country to be used as a base to advocate genocide against Palestinian people.”

This was the last thing that Krautungalung elder Uncle Robbie Thorpe (uncle of Senator Lidia Thorpe) said to the supporters waiting with him outside the Melbourne Magistrates Court before the start of the hearing on Wednesday, 9 October.

Thorpe and lawyer Daniel Taylor were at the Court to hear opening statements at their private prosecution of Mark Regev, Benjamin Netanyahu’s former Senior Advisor for Foreign Affairs and Communication. Regev has joint Australian and Israeli citizenship and is also the former Israeli Ambassador to the UK.

Regev is being charged with Advocacy for Genocide, section 80.2D of the Australian Criminal Code, for public comments advocating for Genocide of the Palestinian people in the Australian Media. He was served in Israel a few weeks ago with the charge sheet and summons.

Appearing for Regev, lawyer Dennis Moralis stated to Deputy Chief Magistrate Bourke that the State of Israel had sent a formal diplomatic note to the Australian Government about the case, and had contacted the Commonwealth Director of Public Prosecutions, seeking her intervention to quash the case, and that the DPP is aware of the case. Magistrate Bourke set the next hearing for the 10th December, subject to any issues of extra-territoriality or DPP.

The case is based on comments allegedly inciting genocide by advocating starvation to be inflicted on the people of Gaza made by Regev on ABC Radio National on 10th of October, 2023.

A copy of the transcript is included below:

10 Oct 2023

Netanyahu: Israel’s offensive has “only started”

Mark Regev on ABC radio program Lateline – Broadcast Tue 10 Oct 2023 at 4:06pm

[07:19] Presenter: Mark Regev is here – he is an Australian born former Israeli diplomat and he is Netanyahu’s senior advisor for foreign affairs and international communications.

Israeli Defence Minister Yoav Galant has ordered a complete siege on Gaza saying authorities would cut electricity and block the entry of food and fuel, those sorts of necessities were already drastically limited say Palestinians. Is that a proportionate response punishing more than two million people some of whom of course are civilians for the actions of Hamas.

Mark Regev: Well I’ll ask you the following question, can you give me a situation where a neighbouring territory attacked a country murdered its people, took dozens hostage and then the other country says ‘… trade borders are open, electricity flows, water is supplied’? They declared war on us. They declared war on us through their actions, they declared war on us through the fact that they came across the border and murdered our people and I think we’re responding in a way that any other country would do in a similar situation.

 

What will the court decide?

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