by Miles Godfrey, The Sydney Morning Herald and AAP | News.SMH.com.au | August 23, 2011
Man Haron Monis (Pictured), also known as Sheik Haron, is also accused of sending offensive letters to the families of soldiers who died in Afghanistan, and to the family of a trade official who died in last year's Jakarta bombing.
Monis is attempting to have quashed multiple indictments of using a postal or similar service to menace, harass or cause offence.
It follows an unsuccessful attempt in April to have his case dismissed in the NSW District Court.
In the NSW Court of Criminal Appeal on Tuesday, Commonwealth barrister John Agius SC said the letters were offensive and capable of causing harm to their recipients.
"In the one letter we have concerning a Jewish person, there are a number of attacks on that person, who I won't name," he said.
"This letter is a perfect example of the point I'm trying to make, it's copied to the prime minister, the opposition leader, the defence minister and it's said to be copied to the Jewish community, whoever that is.
"It goes well beyond simply an Australian soldier innocently killing innocent Afghanis."
Mr Agius said the letter referred to a Jewish soldier who had killed a civilian, describing him as a "dirty animal".
"Some Jews who blame Hitler for violations of human rights are not much better than him," it continued.
Mr Agius went on to quote from the top of the next page of the letter, in a section he said was written about the son of an Australian citizen.
"When the body of a murderer of civilians is sent back to Australia, we must not respect the body, such a body does not deserve a respectful ceremony," Mr Agius read to the court.
"A Jewish man who kills innocent Muslims, civilians is not a pig. He's a thousand times worse. Some people don't eat the meat of pig but they are dirtier than pig.
"What's the point when some people don't eat pork while their behaviour is worse than dirty animals?"
But Monis' lawyer, Guy Reynolds SC, argued the alleged comments were made in a political context and were not necessarily offensive.
In written submissions, he argued that parts of the law under which his client had been charged were invalid.
Mr Monis's co-accused, Amirah Droudis, faces charges of aiding and abetting the sending of the letters.
Mr Droudis's barrister David Bennett QC told the court: "Insults are a legitimate part of the political discourse."
Neither man appeared at Tuesday's hearing.