2005 Cronulla Riots - Criminal Prosecutions

Criminal Prosecutions

By 19 July 2006, police had laid 285 charges against 104 people, 51 having been arrested as a result of the original Cronulla riot and 53 arrested from the retaliation riots. These persons had been charged with, amongst other things: malicious damage, possession or use of a prohibited weapon, assaulting police, rioting, resisting arrest, threatening violence and affray.

Ali Osman, 18, was charged with affray and assault occasioning actual bodily harm for the original attacks on the volunteer lifesavers on 4 December 2005 and was given 300 hours of community service for the assault and 200 hours for affray though they would be served concurrently. Osman was the only person charged over the initial confrontation. The Magistrate, Jacqueline Trad (herself of Lebanese descent) told Sutherland Local Court that Osman, had turned his back on his real country- “By this sort of conduct you turned your back on your family, your culture and your real country, all for the sake of some juvenile, impulsive and misplaced allegiance... Over the last 100 years or so, the ancestors of many citizens – mine included – came to this country seeking refuge from hatred, intolerance, violence or just simply the opportunity to improve their families prospects.” Yahya Jamal Serhan was arrested over the stabbing of “Dan” on 12 December and charged with affray and maliciously inflicting grievous bodily harm and was sentenced to 13 months jail but was immediately released after having already spent nine months in custody awaiting trial. Dan was angered and disappointed by the sentence “I’ve got no feeling on the left hand side of my back where the knife broke off.” A second person, a 17-year–old, was also questioned by police.

Marcus Kapitza, 28, was jailed for 12 months after pleading guilty to one charge of riot. On the day of the riot Kapitza wore a singlet with the words “Mohammed was a camel-raping faggot.” He was also involved in the attack at the train station shouting “Fuck off! Fuck off the Lebs.”

Brent Lohman, 19, was also charged over the train station assault, and was sentenced to 11 months in jail.

Two of the youths who attacked Jake Schofield turned themselves in to police and were charged with armed robbery, wounding, malicious wounding with intent, affray and assault occasioning actual bodily harm. Two others, Wael Tahan and Mahmoud Eid, had been arrested on the night of the attack but were released without charge before being rearrested and charged with robbery in company, malicious wounding causing grievous bodily harm and affray.

Brett Andrew King appeared in court in January 2006 charged with sending two text messages 42 times for a retaliatory riot on 18 December 2005. Jeffrey Ismail was also charged with sending two text messages under the pseudonym of John Gotti.

A 16-year-old Lebanese immigrant, Ali Ammar, was arrested and jailed for seven months for stealing an Australian flag from the Brighton-le-Sands RSL club. Following his release, Ammar appeared on television to present an official apology and in 2007 he was sponsored by the RSL to walk the Kokoda track after the State President of the NSW RSL met him at a Reconciliation Conference.