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Race riot violence slammed

January 12, 2006

A MAGISTRATE has slammed a violent attack during the Cronulla riots as "naked racism" and "xenophobia".

Bidura Children's Court magistrate Paul Mulroney made the remarks as a 17-year-old appeared before him charged over last month's attack.

Mr Mulroney went on to question the safety of the community in light of the incident.

"If it happens once, what's to stop it happening again?" he asked.

But despite his concerns, he granted the young man strict conditional bail in order that he may receive a mental assessment.

The juvenile, who cannot be named or identified, was charged with one count of affray and one of riot on Tuesday night.

It's alleged he and a number of other men attacked Safi Merhi - a man of Middle Eastern appearance - in Cronulla on December 11 last year.

"The decision to get involved in violence against a section of the community they didn't like is just naked racism, it's xenophobia," he told the court.

Mr Mulroney said new laws rushed through State Parliament in the wake of the racial unrest meant he was bound to refuse bail for those charged with these violent offences.

However, after giving defence counsel time to investigate the accused's history of mental illness, he agreed the interests of the community and the 17-year-old would be best served by him being released into the care of his parents.

A surety of $1000 had to be entered to secure his bail and the teenager was placed under virtual house arrest - he has a 6pm-8am curfew unless accompanied by a person authorised in writing by his parents.

"That means each time you have a date with your girlfriend, you have to have a note from mum or dad. It's absurd, but it's necessary," Mr Mulroney said.

The magistrate, who said he thought the prosecution case against the alleged offender was strong, also ordered that he abstain from drugs and alcohol, report to police twice weekly and stay at least 1km away from Cronulla railway station.

"I'm satisfied that if this bail's fixed there's no risk of the commission of further offences of violence by (the teenager)," Mr Mulroney said.

"I believe that the community will be safe ... and also that the improvement in (the youth's) circumstances will also be best fostered by that."

The young man nodded as Mr Mulroney said: "I presume this has been a considerable wakeup call for you."

He urged the youth to look back at history's episodes of racial violence and "learn the lesson" it taught. He will reappear in court on January 30.

The Daily Telegraph

This report was published at dailytelegraph.news.com.au

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