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A 70-year-old man accused of using the banned phrase “from the river to the sea” during a protest over the Gaza conflict plans to argue that the charge against him is “insane,” a magistrate was informed.
Catholic anti-war activist Jim Dowling appeared before the Brisbane Magistrates Court on Tuesday. He faces charges for publicly uttering a prohibited phrase that could potentially intimidate, harass, or offend members of the public.
Donning a casual T-shirt and shorts, Dowling addressed magistrate Belinda Merrin, opting to represent himself in the proceedings.
“I’d like to plead insanity,” Dowling declared. “I think the charge is insane. Anyone who takes it seriously could be such as well.”
Notably, Dowling attended the court barefoot, a decision reflecting his vow of simplicity and detachment from material possessions.
Queensland’s banning of contested phrases
Earlier this year, Queensland passed legislation banning the phrases “from the river to the sea” and “globalise the intifada”, categorising them as hate speech against Jewish people.
Queensland Attorney-General Deb Frecklington said in February that the laws were a “common sense” response to the Bondi terror attack, when 15 people were killed after two gunmen opened fire on Jewish celebrations in the deadliest attack on Australian soil since the 1996 Port Arthur tragedy.
Premier David Crisafulli said in early February that the laws were “about drawing a clear line — and stamping out the embers of hatred that were allowed to burn unchecked for too long — to ensure we protect Queenslanders”.
However, the chants — both of which are widely used at pro-Palestinian demonstrations in Australia and other nations — have contested meanings.
The full saying “from the river to the sea, Palestine will be free” is a reference to the land between the Jordan River, which borders eastern Israel, and the Mediterranean Sea to the west.
Jewish organisations such as the Executive Council of Australian Jewry say the phrase “rejects Israel’s right to exist and denies Jews the right to self-determination in their ancestral homeland”.
However, some activists and advocacy groups say the phrases are calls for Palestinian freedom and human rights, rather than violence or the destruction of Israel.
Dispute over personal vs legal insanity
Dowling said outside court he was arrested and charged on March 18 during a protest outside aerospace company Boeing’s headquarters in Brisbane.
He said he had a banner reading: “From the river to the sea, Brisbane will be free of Boeing”.
Activists have accused Boeing of supplying the Israeli Air Force during the Gaza conflict.
According to news reports in mid-March, the company signed a new US$289 million ($407 million) contract with Israel for precision-guided munitions.
Dowling would need to prove he was not mentally fit to stand trial, the magistrate said.
“I don’t think I’m insane. I think the law is insane,” Dowling said.
Merrin said she would note he was contesting the charge.
Dowling was granted bail and ordered to return to court on 29 April.
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