Bondi royal commission: Virginia Bell says Bondi terrorist attack witnesses won’t be called

The royal commission into Australia’s worst terrorist attack will not hear from witnesses at the scene of the Bondi massacre, with commissioner Virginia Bell warning their evidence could jeopardise the ongoing criminal case.

The former High Court justice warned on Tuesday there would be “limitations” during her address in the opening session of the probe established to tackle anti-Semitism and social cohesion in Australia.

The ongoing criminal proceeding relates to alleged gunman Naveed Akram, 24, who survived the incident after his father Sajid Akram, 50, was shot and killed by responding police.

The Bonnyrigg man has been charged with 59 offences, including 15 counts of murder after the duo allegedly opened fire on a Chanukah by the Sea celebration in Archer Park at Bondi Beach on December 14.

Ms Bell said the limitations also included what could be achieved in the less than a year deadline she has been given to report back to make the first anniversary of the attack, which she insisted was “a matter of critical importance”.

“This imposes a tight time frame, and it’s going to impose limitations on how the commission approaches its terms of reference,” she said, during the live-streamed hearing.

“Examining the ways in which we might strengthen social cohesion in Australia could well be the work of years, not months.

“I am required to deliver my final report to the Governor-General and the governors of the States, not later than the first anniversary of the Bondi massacre.

“I regard the delivery of my report on or before the first anniversary as a matter of critical importance.”

Ms Bell will also be expected to provide an interim report by April 30, declaring she would bring a “practical” approach to the probe.

She stated that although the commission would focus on anti-Semitism in light of the particular tragedy, it remained committed to addressing discrimination in all its forms.

“I’m mindful that while anti-Semitism may be the oldest religious and ethnic prejudice, other religions and ethnicities are also subject to prejudice in Australia,” she said.

“I expect that social cohesion will be advanced by methods that address discrimination against religious, faiths, ethnicities and cultures generally.

“Nonetheless, against the background of the massacre of innocent people who appear to have been targeted, simply because they were Jewish, I trust, everyone will appreciate why the focus of this commission will be on tackling anti-Semitism.

“As a starting point in strengthening our bonds of social cohesion.”

As part of her address outlining the terms of reference, scope and approach of the probe, Ms Bell also revealed that the government would be using the working definition of “anti-Semitism” from the International Holocaust Remembrance Alliance.

She said it should be an “uncontroversial” definition describing “hatred towards Jews” but also pointedly noted that it has been “wrongly labelled” as the expression of political views which do not reflect a hatred of Jews.

“I should note, but it is uncontroversial, but criticism of the policies that may be pursued by the government of Israel from time to time is not of itself anti-Semitic,” she said.

The independent, public inquiry will mark the first time Australia’s top security officials could be called to give evidence under oath and forced to provide any requested documentation, with authorities from police to ASIO able to be called to testify.

Ms Bell said she was interested in hearing from Jewish Australians who had experienced anti-Semitism and reminded them that making a submission did not commit a person to giving evidence in public.

“No person will be pressured to do so,” she said.

“But I am confident that there will be members of the Jewish community who are willing to give evidence in public about their experiences of anti-Semitism, and that their accounts may be illustrative of wider patterns.

“In this way, the commission will seek to assess the impact of anti-Semitism on the daily life of Jewish Australians.

“A large part of the work of this commission will be to present evidence to allow a broader understanding of the scourge of anti-Semitism, its nature and prevalence throughout Australian society and its impact on the lives of fellow Australians.”

The Prime Minister on Tuesday reflected on the attack and said he was “sorry” such an attack could occur in Australia under his government.

“Look, I’m very sorry that that happened on my watch, I’m the Prime Minister,” he said, during an appearance on a podcast.

“But one of the things that we can’t do is dismiss the responsibility of these terrorists for making a conscious decision.

“It was a really difficult time but at the same time as we saw these horrific incidents, we also saw the best of the Australian character. It was the worst of Australia (and it) was the best of Australia.”

After the initial session, Ms Bell is expected to meet with Sydney-based Jewish families on Thursday.

The Sydney hearing — which lasted about 45 minutes — had a rocky start with technical problems on the web stream and a Welcome to Country that compared the Bondi massacre to the stolen generations.