A MAN who gave an emotional apology for failing to stand for a magistrate in court has been found guilty of rioting at a Sydney protest over an anti-Islamic film.
Mohammed Issai Issaka claimed he got caught up in the violence during the September 2012 protest in Sydney's CBD and only lashed out at police officers in self-defence.
He had pleaded not guilty to rioting, resisting arrest and assault.
But on Monday Magistrate Jacqueline Milledge found Issaka had been a rallying figure and had helped lead the chanting.
"This mob, and it turned into a mob, was screaming and chanting as one organism," she said.
Issaka's lawyer Stephen Hopper told the Downing Centre Local Court that police had not made their case, and could not say that Issaka's wide eyes and wild gestures warranted his arrest.
"The defendant was probably scared as hell that he was going to get beaten up by the riot squad," Mr Hopper said.
Ms Milledge agreed that some protesters had probably planned on joining a peaceful protest and must have been bewildered by the shouting, violence and the placards saying "Behead all those who insult the prophet".
"But Mr Issaka is not one of them, he's captured on that footage leading and jumping and chanting," Ms Milledge said.
"Not even the other members of the protest could stop him from carrying on the way he was ... I find all the offences proved."
Her decision came hours after Issaka delivered an emotional apology to the court for failing to stand for the magistrate during his last appearance.
Dressed in a kufi cap and white robes, Issaka broke down after offering his "unreserved apology".
"I had formed a sincere religious belief that I did not have to stand for any man or woman," he said.
"It was never my intention to show contempt or disrespect to the court or your honour by not standing."
He stood and sobbed as Ms Milledge accepted his apology.
Issaka pulled a white cloth over his head and shoulders before stepping outside court, where he refused to comment to the waiting media, telling reporters simply to "speak to my lawyer".
He remains on bail to be sentenced on November 12.
Police prosecutor Matthew Baker asked that Ms Milledge consider a custodial sentence but would not comment further outside court.
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