Proponents of a national royal commission into the Bondi terror attack and antisemitism in Australia have privately raised concerns about one of the government’s potential picks to lead the inquiry.
Anthony Albanese has been in talks about calling a Commonwealth royal commission into last month’s attack, signalling to colleagues he is preparing to renege on his opposition to the idea.
Former High Court justice Virginia Bell is among several names being considered to helm the inquiry, though criticism of her possible appointment has fuelled speculation the prime minister is now canvassing former Federal Court chief justice James Allsop.
Other people being put forward as preferred options include former High Court chief justice Robert French and Federal Court judge Michael Lee, as well as former security bosses Dennis Richardson or Duncan Lewis.
The prime minister’s anticipated backflip comes after weeks of pressure lead by prominent members of the Jewish Australian community, legal fraternity and public figures, who have variously called for a federal royal commission into the attack, security agencies, antisemitism, social cohesion and Islamic extremism.
Fifteen people were killed when two gunmen opened fire at a Hanukkah event by Bondi Beach in December in an attack authorities believe was inspired by ISIS.
Fifteen people were killed when two gunmen opened fire at a Hanukkah event by Bondi Beach in December. (ABC News: Jack Fisher)
Mr Albanese has previously offered the Commonwealth’s full support to a state-led royal commission and has tasked Mr Richardson with running a rapid review of security agencies to identify any gaps or failings in relation to the Bondi attack.
The government is now considering alternate options, including a merged federal and state royal commission.
In a social media post late on Wednesday, former treasurer Josh Frydenberg — who has been one of the loudest voices calling for a royal commission — said the Jewish community had expressed concerns about Ms Bell as an option.
“It is unthinkable the prime minister would choose a commissioner that did not have the total confidence of the Jewish community,” Mr Frydenberg wrote.
The ABC has spoken to multiple sources familiar with the thinking inside prominent Jewish Australian community groups about Mr Frydenberg’s claim Ms Bell was not a suitable candidate.
Former treasurer Josh Frydenberg has been one of the loudest voices calling for a royal commission into the attack. (AAP: James Ross)
Individuals speaking privately broadly agreed Ms Bell was a qualified legal expert and there were no personal reasons for opposing her potential appointment.
However, they said concerns remained in some parts of the community she was associated with the political left.
The Rudd government appointed Ms Bell to the bench of the High Court in 2009 and she served until 2021.
The following year, she was appointed by Mr Albanese to lead a probe into former prime minister Scott Morrison’s secret ministries. The report, published later that year, found Mr Morrison’s actions were “corrosive” to trust in government.
Ms Bell started her career as a solicitor at the Redfern Legal Centre, during which time she defended the dozens of people arrested during the first ever Mardi Gras parade.
Bondi royal commission calls leave Albanese with little choice
She also briefly hosted the ABC program Late Night Live in the early 90s.
Sources in prominent Jewish Australian groups did not indicate any concerns with her professional conduct as a judge.
They instead specifically cited the lack of trust between the community and the Albanese government as a contributing factor in the fear his eventual royal commissioner pick would not examine elements of the antisemitism issue important to them.
This included the role of the government and the impact of radical Islamic extremism.
Those reasons were given for preferring an inquiry led by Mr Lee, Mr Allsop or Mr French, who have all previously indicated support for the community or a royal commission.
Mr Allsop signed an open letter calling for the national inquiry, while Mr French released a statement backing the idea.
“A most effective way of acknowledging and meeting the moral imperative generated the Bondi Beach massacre would be the creation of a whole of Australia royal commission,” he said.
Meanwhile, Mr Lee spoke at an antisemitism summit organised by Sky News in February last year.
“We would be naive in failing to recognise that the Liberal arts have increasingly become sanctuaries for a prevailing pattern of thought that has tolerated, fostered and hence facilitated antisemitism,” he told the summit, in an address focused on universities.
Coalition says commissioner should be ‘acceptable to victims’ families’
Asked if the Coalition would support Labor’s eventual choice of commissioner, shadow home affairs minister Jonothan Duniam said the government should appoint someone who is “acceptable to the victims’ families and the community affected by the events in Bondi”.
“We support the government in doing its job properly, part of doing its job properly is working with the Jewish community to ensure that they have confidence in the process of a royal commission and that includes who is appointed,” he said.
Earlier this week, Mr Albanese left the door open to a Commonwealth-level inquiry, telling reporters he was engaging with the New South Wales government “to make sure we get everything done that is required”.
The government is separately consulting on new laws set to crack down on hate speech and establish a gun buyback scheme, announced in late December.
Parliament is not due to sit until February, but it is widely expected politicians will be summoned to Canberra in the next fortnight to pass the new laws and take part in a condolence motion for the victims of Bondi.