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“This disgraceful behaviour was an affront to our country and they damaged our reputation overseas.”

Lohman was charged over an attack against Ali Hashimi at Cronulla train station.

He had an Australian flag draped around his shoulders during the incident and was repeatedly captured in graphic photographs taken by The Daily Telegraph. He became one of the faces of the riot, which targeted people of Middle Eastern appearance.

The court heard Lohman punched Mr Hashimi, but defence barrister Les Nicholls said it was in self-defence in a “one-on-one altercation”.

Originally sentenced to a maximum 11 months jail, he appealed his conviction and sentence.

Judge Geraghty found Lohman was not defending himself but had intended to use violence in the attack on Mr Hashimi and did so in common purpose with at least 12 other men.

Judge Geraghty took exception to claims of innocence by the accused, including his assertion that as an Australian he had “the right” to wear the flag that day.

Police found he had a flag strung across his bedroom alongside newspaper cuttings depicting the violence - added to the judge’s scepticism.

“It seems to me not so much an act of patriotism, more like some kind of bravado, some kind of shameful statement of twisted patriotism,” he said.

After the appeal was dismissed, Mr Nicholls tendered documents for consideration on sentence.

Judge Geraghty will sentence again in December.

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It said compliance measures could range from suspending or cancelling 2GB’s licence to lesser penalties including fines and requiring staff to attend compliance training programs.

The station’s Breakfast with Alan Jones program came under ACMA scrutiny following complaints from listeners about material aired between December 5 and 9, 2005.

The regulator found the Commercial Radio Code of Practice 2004 was breached by comments aired on Jones’ top-rating breakfast program during that period.

Those comments contravened the code by being “likely to encourage violence or brutality” and “likely to vilify people of Lebanese background and of Middle Eastern background on the basis of their ethnicity”.

ACMA’s report focused on Jones’ broadcasting of correspondence from listeners about tensions at Cronulla in the days before the December 11 riot.

It said while the comments were “presented for a purpose in the public interest, being discussion of factors contributing to unrest in Cronulla … ACMA was not persuaded that the relevant comments were presented reasonably and in good faith”.

In a statement, Macquarie Radio Network chief executive Angela Clark dismissed ACMA’s findings as “seriously flawed and ill-founded”.

She said 2GB and Jones were opposed to violence and had repeatedly said so on air at the time.

Talkback radio, by its very nature, aired the sometimes controversial views held in the community, she said.

“A broadcaster’s use of listener material does not always indicate agreement with that material,” Ms Clark said.

“In this case … Alan Jones repeatedly urged listeners to refrain from acting on the calls for violence.

“Instead (he) called on the police and state government to ensure a full and appropriate police response to community divisions and tensions and for lawbreakers to be dealt with swiftly by police.”

On December 7, Jones read on air a comment from a listener who recommended that bikie gangs confront “Lebanese thugs” at Cronulla train station.

“It would be worth the price of admission to watch these cowards scurry back onto the train for the return trip to their lairs,” Jones read on air.

“And wouldn’t it be brilliant if the whole event was captured on TV cameras and featured on the evening news so that we, their parents, family and friends can see who these bastards are.”

ACMA found the listener’s comments breached section 1.3(a) of the code.

It found that comments made by Jones in his December 8 broadcast implied that people of Middle Eastern background were responsible for raping women in western Sydney.

However, ACMA dismissed complaints about other comments aired on December 5, 6 and 9.

ACMA will be writing to Harbour Radio shortly about proposed action against the broadcaster.

ACMA says Jones’ broadcasts are the third breach of the vilification provision of the code of practice by Harbour Radio in the past two years.

In a separate matter, Jones is facing 12 months jail and/or a fine of up to $5,500 for naming on air a child witness in a murder trial.

Deputy Chief Magistrate Helen Syme is due to consider penalties, which also apply to Harbour Radio and Nationwide News, on April 20 at Downing Centre Local Court.

2GB says Jones didn’t do nothing.

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Lohman, who was draped in an Australian flag at the time of the attack, was one of hundreds of people to converge on the station looking for people of Middle Eastern appearance.

The attack was caught on CCTV and by press photographers.

Lohman had pleaded not guilty to rioting, but was convicted of the charge in December last year.

In Sutherland Local Court today, Lohman, wearing a black suit and accompanied by his girlfriend and family, sat quietly as police prosecutor Gary Charlesworth argued for a 12-month jail sentence.

Inspector Charlesworth said Lohman was a key participant in the violence, which he said was motivated by hatred or prejudice.

“The accused was not a bit player,” he told the court.

“I would suggest his role in the incident that occurred on the train clearly … was not a minor role.
“A full time custodial sentence is appropriate.”

But Lohman’s lawyer Les Nicholls argued that 45 days already served in custody was punishment enough.

“(Lohman) had to share a cell with paedophiles and sex offenders,” Mr Nicholls told the court.
“As an 18-year-old … it was not a very pleasant time at all.”

Mr Nicholls said Lohman was a “reluctant participant” in the violence and had joined a group of people heading to the train station simply to see what was going on.

“There is nothing that shows he was itching for a fight,” he said.

Magistrate William Brydon adjourned the case for sentencing on March 15 at Central Local Court.

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With time already served, Tahan will be eligible for parole tomorrow, Ceissman and Elmir on March 13 and Eid on April 23.

All four had pleaded guilty to assault occasioning actual bodily harm for an unprovoked attack on Jake Schofield in the early hours of December 12, 2005 at Cronulla.

Mr Schofield suffered facial injuries and memory loss from a bashing in which he was kicked and punched in the head.

The attack came a day after about 5000 people were involved in a drunken riot at Cronulla beach, during which people of Middle Eastern appearance was chased and bashed.

As the sentence was read out in the New South Wales District Court today, a large group of the offenders’ family and friends cried with relief.

Some yelled “see you tomorrow”.

Mr Schofield, wearing dark sunglasses and a white shirt, was also present in court but left before the sentence was read out.

Judge Brian Donovan said the attack was not the worst of racially motivated attacks.

“The offence involved some motivation of racial hatred or prejudice but it is not at the high end of the scale,” he said.

While taking into account the offenders’ remorse, Judge Donovan said the men had entered the Cronulla area “looking for trouble”.

“The offence involved some planning at least to the extent that … offenders went to the area, with in my view, an expectation there would be violence, and they were prepared for that,” he said.

Judge Donovan also took into account a statement from Mr Schofield, who still suffers from nightmares about the incident.

In sentencing Tahan, Judge Donovan said he was impressed with his genuine remorse.

Judge Donovan referred to a psychiatric report from a specialist in riots, who said that Tahan stood out from others as someone who had accepted responsibility for his actions and held no grudge.

“I agree with Dr Champion … that his remorse is genuine,” Judge Donovan said.

Earlier Tahan, wearing a black suit, gave evidence – the only one of the men to do so.

The court heard Tahan was a promising rugby league player who had hoped to turn professional.

“I feel ashamed of myself for what I have done and I would like to apologise to them in person if I can,” Tahan told the court.

“I am Australian … I am not a racist person, I look at all people the same.”

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