AARON PATRICK: The Jewish community scores an early win at the anti-Semitism royal commission

Retired High Court judge Virginia Bell gave the Jewish community a big win on the opening day of the royal commission into anti-Semitism and social cohesion.

Ms Bell said she was inclined to agree with an anti-Semitism definition devised by the International Holocaust Remembrance Alliance, which holds that applying double standards to Israel, or blaming Jews for Israel’s actions, is anti-Semitic.

The declaration was welcomed by many watching. They are now unlikely to have to fight a battle in the royal commission about the complicated and rhetorically important question of what is anti-Semitic speech and what is merely criticism of the Jewish state.

But some of those same Jews felt a discordant note in the proceedings when Ms Bell described a Welcome To Country by Indigenous leader Allan Murray as “warm, inclusive and empathetic”.

A casual listener might have interpreted the speech as more combative. As was his right, Mr Murray concentrated on Aboriginal dispossession and violence by British colonialists.

“We know that atrocities have been committed against us and we still are wanting a reckoning,” he said.

Referring to the modern atrocity that led to Tuesday’s hearing, he drew an unexpected comparison: “Because we had a failed referendum, like yourselves we feel your pain; we feel your sorrow.”

Ms Bell’s endorsement was a reminder that the legal profession has long been a powerful force for redressing historical inequalities — those it considers worthy.

National attitudes

The question facing Australian society today, especially members of the Jewish community, is whether she has the will and skill to help ameliorate what she said “may be the oldest religious and ethnic prejudice”.

Overcoming such ingrained hostility is probably beyond the power of any institution, let alone in the nine-and-a-half months the inquiry has to report.

But Jewish leaders are guardedly optimistic Ms Bell and her team can help Australians see the hostility faced by Jews, before and after the attack of December 14, and shift the national attitude.

“The opening remarks by both the commissioner and chief counsel (Richard Lancaster) were well-focused and well-informed, representing a promising start to the proceedings,” said Colin Rubenstein, the executive director of the Australia Israel & Jewish Affairs Council.

Practical problems will make the job work harder. The decision to incorporate an administrative review of the intelligence services into the royal commission has slowed work considerably.

The spies, who had been willing helpers, are now holding back information while they consider questions of “public interest immunity, statutory nondisclosure provisions and legal professional privilege”, Ms Bell said.

Instead of advice about might have gone wrong being available by April, veteran Dennis Richardson’s important conclusions won’t be made until December.

A ghost

Another missing piece will be that fateful day at Bondi Beach.

Because Naveed Akram, the surviving accused perpetrator, has been charged with murder and terrorism, the royal commission will avoid gathering evidence that could double up with his trial - even though it was explicitly commissioned to “examine the circumstances surrounding” the massacre, including the “lead up to and planning of the attack”.

While the decision is legally sound, it means the worst act of anti-Jewish violence in Australian history will pass like a ghost through the proceedings - always in the background but never clearly seen.

“Will not interference in the administration of justice,” Mr Lancaster said. “Will not hear from those witnesses. This will inevitably reduce the scope of the public hearings.”

If Mr Akram chooses to plead guilty, much of the evidence gathered against him will not be required in court. It could take a coronial inquest, far in the future, to explain what exactly happened on that day.

Among the questions that need answering are whether there were enough police present at the Chanukah event and why guards were not allowed to carrying the pistols they use to guard synagogues and Jewish schools.

“We may never get a full picture of it,” said Menachem Vorchheimer, a Jewish activist from Melbourne.

In the meantime, the royal commission is calling for Jews to tell their stories. It is likely to be swamped from individuals and the Jewish establishment. The big Jewish organisations have formed an alliance for the inquiry and are represented by Victorian lawyer Leon Zwier, regarded as one of the most effective litigators in the state.

“The aspiration is simple,” the group said today, “to live freely and openly as Jews in Australia.”

Many Australians might feel December 14 was an aberration – an act of madness in a mostly peaceful and tolerant society. Today, though, the nation is discussing whether relatives of ISIS members should be allowed home.

The Jewish community hasn’t forgot that a makeshift ISIS flag signalled violence was about to start at Bondi. No one really knows how far those extremist beliefs have penetrated Australia.

Ms Bell, a proud supporter of minority rights, has the power and resources to find out.