Sydney restaurant Cairo Takeaway counter-sues pro-Israel activist, claiming he trespassed to ‘ambush’ staff | Sydney

An Egyptian restaurant in Sydney is counter-suing a pro-Israel activist for allegedly trespassing into the popular eatery to attract a “negative reaction” from staff over a News Corp demonstration.

In February, Ofir Birenbaum walked into Cairo Takeaway, a popular restaurant in Sydney’s Newtown district, wearing a Star of David hat and necklace alongside Daily Telegraph reporters. The secret operation, which was later revealed to be what the newspaper called “secret Jews” inside, made international headlines after it backfired.

In August, Birenbaum filed a defamation lawsuit against restaurant owner Hesham El Masry and staff member Talaat Yehia, claiming he was slandered and investigated by his employer after he allegedly implied the restaurant was trying to create an “anti-Semitic incident.”

Now Cairo Takeaway is counter-suing Birenbaum, claiming he is trespassing because access to the venue is limited to its use as a restaurant.

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In documents filed in federal court on Friday and seen by Guardian Australia, the restaurant’s lawyers say they did not allow Birenbaum or the Daily Telegraph journalists to “secretly film”, interact or “ambush members of staff”.

The restaurant alleged that Birenbaum’s true purpose in entering the premises was to “produce an angry or negative reaction from the staff,” secretly film the interaction for publication, “ambush” the staff when they received a reaction, and/or “attempt to harm the Cross plaintiff by depicting Cairo Takeout.”
It was stated that the owner and staff were anti-Semitic.

The restaurant is seeking loss, damage and exemplary damages, citing a “disgraceful and outrageous attempt to sow social division by entering a pro-Palestinian building wearing a hat resembling an Israeli flag and with a Daily Telegraph camera crew waiting outside”.

The restaurant claims they were targeted because of the restaurant’s “pro-Palestinian” stance.

Court documents filed by the restaurant’s lawyers, O’Brien Criminal and Civil Lawyers, reveal an internally plotted document created by Daily Telegraph reporter Danielle Gusmaroli, dubbed the “secret Jew”.

“Secret Jew Ofir Birenbaum sees what it’s like to be Jewish in Sydney. Will secretly film with video glasses,” court documents show.

He then listed Newtown, Blacktown, Bankstown and Arncliffe as areas they could go to: [sic] Reactions to this Jew [sic] The man in their neighborhood.

The restaurant defended itself against the allegations

On Friday, the restaurant also defended itself against Birenbaum’s defamation claims.

Birenbaum’s statement of claimThat document, published earlier this month, included screenshots of a since-deleted social media post the restaurant posted after the incident. Some of the claims made in this post were later retracted and an apology was made by the restaurant.

The restaurant denied that the social media posts were defamatory and likely to cause serious harm to Birenbaum’s reputation. He claimed both a contextual truth and an honest defense of opinion.

In contextual truth defense claims for one of the posts, the restaurant’s lawyers claimed that “Birenbaum is a person who is prepared to incite division in society as a provocateur who supports the Israeli government” and also “behaved aggressively and provocatively towards Cairo Takeaway staff.”

They claim Birenbaum was wearing sunglasses “sold with built-in technology that makes filming possible.”

“The applicant lingered in the back of the restaurant for more than a minute. He was standing, active on his mobile phone, and continued to look around the restaurant and around. The applicant secretly filmed the location using at least his mobile phone and possibly the recording device in his sunglasses,” the lawyers wrote.

The restaurant said Gusmaroli then “walked up to the counter and chatted with an employee of Cairo Takeaway, while not identifying himself as a journalist” and then asked, “Do you have a problem with that guy?” he claimed to have asked.

They also alleged that an exchange occurred between the anchors, reporters and Birenbaum, which also involved other members of the public.

“Gusmaroli falsely accused the female server of being appalled by the applicant’s arrival at the restaurant, of being visibly uncomfortable with the applicant coming to the restaurant, and of having a ‘problem’ with her,” court documents said.

The restaurant also claims that it made a reasonable offer to compensate for the defamation claim, including an offer of $25,000 and another apology, but that offer was rejected.