Accused restaurant protester remains in custody

A man charged with affray following a protest outside an Israeli restaurant has made a bid for bail, more than two weeks after the incident.

A man accused of throwing food, water and chairs during a protest outside an Israeli restaurant will remain in custody for at least another week.

Antwany Arnold, 50, applied for bail in Melbourne Magistrates Court on Wednesday afternoon after he was charged with affray and throwing a missile over the July 4 incident.

Police allege he was among a group of pro-Palestine protesters who converged outside Israeli restaurant Miznon in Melbourne’s CBD.

Arnold allegedly participated in an anti-Israel chant before throwing food and two dining chairs in the direction of the restaurant. He’s also accused of throwing water at a neighbouring restaurant on Hardware Lane.

CCTV footage of the Miznon incident was played in court, alongside police body-worn camera footage of another incident in April where Arnold is accused of spitting on a man.

It’s alleged he was playing offensive chants from a speaker on Bourke Street in Melbourne’s CBD when a member of the public told him to turn the audio off.

Arnold is accused of then swearing at the man and making threats to kill, before spitting on the alleged victim as the police arrested him.

He’s also accused of using offensive language towards officers during the arrest.

The court was told Arnold was bailed over the Bourke Street incident, with a condition to not enter the Melbourne CBD.

It’s alleged he breached those bail conditions during the Miznon incident and on another occasion in July when he attended a protest in the city.

The prosecutor claimed Arnold’s offending at the Israeli restaurant was politically motivated and his decision to protest should not absolve him of criminal responsibility.

But defence lawyer Tim Hutton said the protest was not driven by anti-Semitism, rather the group was condemning the actions of Israel’s defence force against the Palestinian people.

Magistrate Michelle Mykytowycz said the purpose of the protest was separate to her consideration of Arnold’s alleged offending and whether he was a risk to the community.

Mr Hutton denied Arnold posed an unacceptable risk, telling the court the 50-year-old had attended weekly protests for the past two years without turning to violence.

He was also planning to contest the charges so the delays might mean his time in pre-sentence detention could surpass any eventual sentence, the lawyer said.

Arnold was also a vulnerable man who was finding his time in custody more difficult, the court was told.

Mr Hutton argued a curfew and reporting condition could be added to Arnold’s bail to reduce his risk to the community.

Ms Mykytowycz said she would need time to re-watch the footage and consider other material before deciding on the application.

Arnold will return to court on July 30 for the bail decision.

By: Tara Cosoleto/AAP