A Sydney bakery that made a terror-themed cake for a four-year-old’s birthday party and then boasted about it online has broken no laws and will not be prosecuted, the Australian Federal Police has confirmed to Sky News.
Australian Federal Police have been referred to investigate a Western Sydney bakery’s “disturbing” Hamas-themed birthday cake for a four-year-old’s party, Senior Reporter Caroline Marcus reveals.
“The Western Sydney bakery who made this cake were gloating about it until they received some backlash online,” Ms Marcus told Sky News Australia host Peta Credlin.
“They took their account down now but Jewish groups are absolutely outraged.”
The lack of action has prompted warnings that authorities are again showing weakness in the face of Islamist extremism.
Sky News revealed exclusive footage of the fourth birthday party last month, in which the Auburn-based Oven Bakery by Fufu showed off its elaborate creation – a dessert adorned with the black and white pattern of the Palestinian keffiyeh, Palestinian flags and an image of Hamas spokesman Abu Obaida.
The cake appeared to have the birthday boy’s name on it with the words “[name omitted] is 4” and the camouflage-wearing child was pictured posing next to it, his face masked in a keffiyeh and making the same hand gesture as the terrorist.
The party also included Hamas-themed cupcakes, Palestinian flag bunting and balloons – as well as drinks in the red and green colours of the Palestinian flag.
The western Sydney bakery has been registered to Mahmoud Hage since 2021.
NSW Police had been unaware of the footage until contacted by Sky News.
Within hours, state officers had referred the matter to Australian Federal Police.
It’s understood the AFP spent weeks getting advice on whether any laws had been broken.
But a month after the initial report, an AFP spokesperson confirmed to Sky News that police had dropped the investigation.
“The AFP has conducted a review of the online material in question and based on available information, assess that no Commonwealth offence has been committed,” the spokesperson said.
“No further comment will be provided on this matter.”
Australian Jewish Association CEO Robert Gregory says it is “disappointing but not at all surprising” that authorities were failing to act on the “brainwashing” of young children to support terrorism.
“It’s one thing for politicians to use strong words against extremism, but time and again we see the authorities failing to act,” Mr Gregory said.
“This lack of action once more sends a clear message of weakness to Islamic radicals.
“Many Australians will be asking whether our security agencies are asleep at the wheel or are wilfully ignoring Islamic extremism.
“The problem isn’t going to go away. Ignoring the growing Islamist extremism in our suburbs ensures that Australians are in for challenging times ahead.”
Jewish groups had expressed horror over the incident at the time, calling on authorities to act.
Executive Council of Australian Jewry (ECAJ) co-CEO Alex Ryvchin told The Australian the bakery and the child’s parents should be held accountable for “glorifying extremism”.
“It takes a rare kind of psychosis to want to teach infant children that Hamas terrorists are to be admired and emulated,” Mr Ryvchin said.
NSW Premier Chris Minns called the incident “horrifying” and said children’s parties “should be innocent and fun, not hateful”.
The bakery deleted its Instagram account after backlash to the images, but it has since been revived, albeit with the Hamas cake post gone.
Its most recent post is the All Eyes on Rafah viral AI image on May 29, shared a week after the cake controversy, with the caption: “I don’t care if my post on Palestine make you feel uncomfortable, your silence is also making me extremely uncomfortable.”
A pinned post from days after the October 7 attacks is an image of a person wearing a keffiyeh in front of the Al-Aqsa Mosque in Jerusalem, with the caption: “Don’t give up your fight, for what is rightfully yours!”
Sky News has contacted the bakery for a response.
It is far from the first time Australian authorities have been criticised for failing to act when it comes to public support for terrorism.
ECAJ formally lodged complaints with the Australian Human Rights Commission against two Islamic preachers who described Jews as “monsters” and “criminals” after authorities chose not to pursue them.
Last month, Sky News revealed NSW Police had decided not to press charges against a 29-year-old man who wore a soccer jersey glorifying the October 7 terror attack on Israel to a major NSW tourist attraction had attracted similar outrage from Jewish groups.
Commonwealth legislation criminalising the glorifying and praising of acts of terrorism was passed by the Parliament late last year and spruiked by the Albanese Government.
The Bill also criminalises the use of a carriage service for violent extremist material, enabling law enforcement to intervene in the spread of violent, hateful propaganda.
Prime Minister Anthony Albanese told Sky News documentary Never Again: The Fight Against Antisemitism last month that there needed to be better enforcement of existing laws when it comes to antisemitism.
“One of my concerns is that there are laws there that I don’t think have been implemented,” Mr Albanese said.
“Let’s reinforce what’s there. If people are breaking the law, then they should be prosecuted. It’s why we have laws.”