Hash Tayeh doubles down on claims store’s alleged arson was ‘hate crime’

One of the men charged with torching the Burgertory restaurant — sparking volatile protests in Caulfield amid claims of a hate crime — has refused to face court, complaining of a sore leg.

Wayle Mana, 24, was remanded in custody on Thursday after a short filing hearing at the Melbourne Magistrates’ Court, which he declined to front, remaining in the police cells due to a leg injury.

Police have charged two men for torching the restaurant, which, according to court documents caused $450k worth of damage to the Burgertory shop on November 10.

Mr Man was also charged over a fire at a Bendigo tobacco shop that was torched on Monday.

Police say the blaze caused more than $4m worth of damage to the Hargreaves Mall store.

The Burgertory store fire sparked volatile protests against the backdrop of the Israel-Gaza conflict.

Court documents reveal that Mr Mana, from Preston, faces a series of charges from November 10, including for the Burgertory blaze, which has been labelled a hate crime by shop owner and Palestinian-Australian man Hash Tayeh.

That assertion was rejected by police days later.

Other charges that same day include stealing a $10k Gold 2002 Mercedes sedan in Doncaster, and committing an unlawful assault, also in Doncaster.

Further to November 10 offences, Mr Mana has been charged with a series of alleged crimes on January 29.

They include allegedly setting fire to the Bendigo’s Free Choice Tobacconist, stealing a 2020 Mazda CX-5 valued at $30k, and also of attempting to commit the indictable offence of criminal damage by fire.

All up, Mr Mana faces seven charges.

He was remanded in custody, with his next court appearance expected on May 30.

Another man, 27, arrested over the fire at an apartment on Belsize Ave, Carnegie, was bailed and is due to appear at Melbourne Magistrates’ Court on Friday.

Mr Tayeh on Thursday doubled down on his claims that the fire that gutted his Caulfield store was a hate crime, despite police saying otherwise.

He said while he welcomed the news that two people had been charged in relation to the blaze, he still believed the attack was religiously motivated.

In a video posted to social media, Mr Tayeh stood by his earlier comments.

“People are criticising me for calling this a hate crime, but I want to ask you, how would you have felt if your shop was firebombed after two weeks of constant harassment, abuse and intimidation?” he said.

“Our staff were called terrorists and were told that they work for a terrorist.

“After hours, posters of kidnapped Israelis were put under our door and plastered on our windows.

“Our store was spat on, people screaming out of their cars as they drove past intimidating our staff.”

Mr Tayeh then explained how a video posted in the aftermath of the blaze confirmed his belief that he was the victim of a hate crime.

The man in the video compared the Burgertory fire to “the smell of burnt children in Gaza.”

“After seeing this video, how can I be blamed for believing that this was a hate crime?,” Mr Tayeh added.

“For those that are calling for me to apologise, how would you have felt if you’re on the receiving end of that abuse?

“Those threats, those acts of intimidation, how would you have felt if it was your family that felt threatened and scared to the point where they could not leave their home?

“For those that call me anti-Semitic, I have always openly called for the safety of Jewish people and for the collaboration between our communities.”

Inspector Scott Dwyer of Moorabbin Investigation and Response said his members had worked diligently to hold those responsible to account.

“We know this incident was not a hate crime, it wasn’t motivated by prejudice or politics,” Insp. Dwyer said on Wednesday.

“Not only did this blaze destroy a business, it also put innocent members of the public at risk of being injured.

“Victoria Police will continue to target anyone connected to criminality that recklessly puts others in harm’s way.”

Mr Tayeh, said in the aftermath of the fire that it was a hate crime but police rejected that assertion in the days after the fire.

Jewish leaders called on pro-Palestine activists who claimed the fire attack was a hate crime to immediately retract their accusations and apologise for “concocting and disseminating blood libels”.

Despite repeated attempts by Victoria Police to assure the community that the fire bombing was not religiously or politically motivated, pro-Palestine groups at the time claimed the attack was “motivated by hostility to the store owner’s pro-Palestinian stance”.

One organisation had also expressed “grave concern that this was an intentional act against” Mr Tayeh “as a Palestinian and Muslim”.

The accusations were followed by a pro-Palestine protest in the heart of the Jewish community in Caulfield on the Jewish Sabbath which resulted in a synagogue being evacuated.

It later turned violent when protesters clashed with police, forcing officers to deploy pepper spray.

Zionism Victoria president Yossi Goldfarb said those “who helped spread this malicious slur – concocting and disseminating blood libels – are directly responsible for the violent scenes we saw outside the synagogue that night”.

“And their failure to retract their comments, despite police assurances to the contrary, have helped stoke the flames of antisemitism that have engulfed Victoria in the weeks and months since,” he said.

The Beth Weizmann Jewish Community Centre, which is located across the road from the Burgertory store, has twice been vandalised with anti-Israel graffiti since the arson attack.

“As proud Victorians, it has been profoundly distressing to witness – and indeed experience first-hand – the deterioration of the multiculturalism we value so much,” Mr Goldfarb said.

“Now is the time for all those who cast aspersions on the Jewish community to hold their hands up, admit they were wrong and apologise for their part in the hate, hostility and heinous antisemitism casting a shadow over our state.”

A statement released by lawyers acting for Mr Tayeh on Wednesday acknowledged the arrests and said “all evidence of threats and intimidation” in the lead up to the attack was being provided to police.

“Burgertory has been assisting Victoria police with the investigation, including providing all

evidence of threats and intimidation received by Burgertory prior to the arson attack and are pleased the investigation has now progressed,” it read.

“The matter is now before the courts and therefore it is not appropriate to further comment.”

“Burgertory fully respects the criminal justice system process and looks forward to achieving justice and information around the motive behind this dangerous crime.”