The sting unravelled, but the caf\u00e9 was sued by Birenbaum for defamation and received an immediate apology after it proved that some of the initial allegations made in the heat of the moment about his behaviour were false.<\/p>\n
The caf\u00e9 counter sued him and the newspaper for trespass.<\/p>\n
Birenbaum and Gusmaroli had reportedly attempted a similar stunt on another occasion. Wendy Bacon reported here last year on the pair\u2019s failed attempt to capture covert footage at an Invasion Day rally. The Israeli-born activist has a track record for showing up to rallies calling for peace in Palestine.<\/p>\n
Confidential settlement<\/p>\n
The case involving Cairo, the former IDF soldier and the newspaper was settled in March this year with terms that remained confidential and an agreed statement which concluded:<\/p>\n
\u201cAll parties are pleased that these issues have now been resolved in a constructive and satisfactory manner. In doing so, they acknowledge that all Australians should be able to safely express their racial or religious affiliation as well as debate issues in a respectful and dignified fashion. The parties hope that the fact of a resolution can be a positive example for others.\u201d<\/p>\n
The peace did not last long enough, however, for the agreed statement to be published. Birenbaum pre-empted the release, which all parties had agreed to, by claiming vindication in a statement that was widely distributed under the headline THE TRUTH WINS to sympathetic media types.<\/p>\n
Grenades of \u2018truth\u2019<\/p>\n
Counsel for Cairo, Matthew Richardson, told the court last week that the claims made \u201ca joke\u201d of the deed and represented a \u201cfull relaunch of hostilities\u201d and said an apology in the deed of settlement was not \u201ccode for commencement of grenade throwing\u201d.<\/p>\n
A few minutes after entering the witness box, Birenbaum was reminded by Justice Bromwich that he had undertaken to \u201ctell the truth, the whole truth and nothing but the truth\u201d and \u201cbeing clever, if that is what you are being, is unacceptable.\u201d<\/p>\n
At question was whether the activist had sent briefing notes to select media outlets and who had leaked to Sky News information about compensation he\u2019d received.<\/p>\n
Birenbaum denied any knowledge of the breaches and claimed he had not told his attorney, Rebekah Giles, to release any information either.\u00a0\u00a0<\/p>\n
Giles did not appear in court as expected, but also denies leaking the information.<\/p>\n
Lying about the lies?<\/p>\n
Later, Justice Bromwich asserted that he had to decide whether the activist was \u201clying about the lies\u201d and must have \u201cknown he was not telling the truth\u201d when giving evidence.<\/p>\n
\u201cThe alternative finding is to say that he is stupid, and I don\u2019t think he is stupid,\u201d Bromwich told Birenbaum\u2019s counsel, Kieran Smark SC.<\/p>\n
Justice Bromwich was scathing about the Israeli-Australians\u2019 claims of victory.<\/p>\n
\u201cThe kindest thing you can say about it is that in the context of the deed, it\u2019s misleading and deceptive, and if you were bringing an action for misleading or deceptive conduct, you\u2019d win it, hands down.\u201d<\/p>\n
He later said: \u201cI can\u2019t imagine a single judge in this court thinking this was an acceptable way to behave, irrespective of whether there\u2019s a finding made about breach of the deed.<\/p>\n
\u201cIf everyone was to conduct themselves like this, matters just wouldn\u2019t settle.\u201d<\/p>\n
Justice Bromwich said later that it was \u201cdifficult to accept\u201d that Birenbaum didn\u2019t know anything about the release of certain information to the media.<\/p>\n
\u201cI didn\u2019t get the impression I was being told the truth,\u201d he said. \u201cThe phrase that comes to mind is being economical with the truth.\u201d<\/p>\n
The Sharri Markson leaks<\/p>\n
The post, which to this day remains pinned at the top of one of Birenbaum\u2019s social \u201cofirfromisrael\u201d media account was sent by direct message to 56 people, including Sharri Markson, Erin Molan, Caroline Marcus and the Australian Jewish News in what counsel said was an attempt to \u201cbury the statements so Ofir Birenbam came out on top\u201d.\u00a0<\/p>\n
The court heard that Sky News is \u201cthe most conservative media outlet in the country \u2026 if you were Ofir Birenbaum or his lawyer of course you would go to Sky News\u201d.<\/p>\n
The former soldier\u2019s post claimed he had been \u201ccompletely vindicated\u201d.\u00a0\u00a0<\/p>\n
\u201cThis should never have happened, but it did, and now the truth is no longer up for debate, and lies cannot be weaponised anymore,\u201d Birenbaum had claimed in the release.<\/p>\n
Birenbaum claimed memory lapses explained his failure to reveal interactions with Sky News presenters Sharri Markson and Caroline Marcus in his affidavit ahead of the current case.<\/p>\n
The court heard that Markson, who broadcast confidential elements of the settlement, had been in contact with the Israeli activist who was instructed to turn over the contents of those messages to the court.<\/p>\n
Sky News spin<\/p>\n
A transcript of the Sky News report was tendered to the court with focus on claims by Markson \u201cthat they\u2019ve paid him an undisclosed amount of compensation\u201d.<\/p>\n
\u201cBirenbaum refused to comment on the amount of compensation paid to him,\u201d Markson said during the report. \u201cOther than to say he\u2019s pleased with the confidential terms of the resolution, and Rebekah Giles said in a statement today, this is an important win for a fear Birenbaum and the Australian Jewish community, it\u2019s vindication for Jews across the globe who\u2019ve been falsely accused of staging acts of anti-Semitism.\u201d<\/p>\n
The court heard that Birenbaum\u2019s lawyer, Giles, made claims of victory for her client, releasing a statement calling the settlement of the case \u201can important win for her client and the Australian Jewish community. It\u2019s a vindication for Jews across the globe who have been falsely accused of staging acts of antisemitism\u201d.<\/p>\n
The broadcast triggered a wave of hate toward the caf\u00e9 and Muslims, with one labelling Cairo \u201cscumbag takeaway\u201d and another \u201cpathetic dogs.\u201d<\/p>\n
Birenbaum\u2019s lawyer, Kieran Smark SC, said that Markson\u2019s incorrect claim that compensation had been paid when it was pending suggested the information had not come from his client.<\/p>\n
\u201cShe\u2019s got it wrong, if it had come from us, she would have got it correct,\u201d he said.<\/p>\n
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