Arabic version: قاضٍ يمنح شهوداً حماية إخفاء الهوية في قضية نتبال بسيدني

According to ABC News, a local court judge has granted a non-publication order protecting the names and identities of civilian witnesses expected to give evidence against Jody Scarcella, who is accused of making antisemitic comments at a children’s netball game in Sydney’s east.

Scarcella, 43, has been charged with using offensive language in or near a school following an alleged confrontation with younger girls at the Heffron Park netball courts in Maroubra in May. Prosecutors will allege that, as she walked away, she used words to the effect of “f***ing Jews” and “they should all be eradicated”. Scarcella has pleaded not guilty. Her lawyer, Paul McGirr, described the charge sheet in court as “a creative writing piece” and called the case “hearsay”.

Prosecutors sought suppression and non-publication orders over the names of civilian witnesses who attended the game, citing concerns for their safety. The court heard that some witnesses were Jewish. The application was supported by an affidavit from the Executive Council of Australian Jewry, while McGirr opposed it, saying none of the witnesses had expressed concern about being identified.

Judge Michael Barko said the request was the first in his 40 years in the criminal justice system seeking anonymity for a group because of religion or culture. He referred to an “inundation of adverse criticism” against the Jewish community in particular over the past three years. He granted a two-year non-publication order, but not a suppression order, saying witnesses could still be questioned in open court without being publicly named.

Outside court, McGirr said his client had also been targeted since being charged, alleging she had been harassed, lost her job and had her vehicle damaged. The court heard the maximum penalty for the charge is a $660 fine or a community corrections order for a person with a history of similar behaviour.