Court orders vilification retrial

By Barney Zwartz, Religion Editor Melbourne Age
December 14, 2006 - 11:30AM
Pastor Danny Nalliah;   Photo: Shaney Balcombe

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Two Christian pastors found to have vilified Muslims under Victoria's religious hatred law won their appeal and hailed the decision as a victory for free speech.

The Court of Appeal ordered the case to be reheard at the original tribunal, before a different judge and with no further evidence. It set aside the orders for public apologies in newspaper advertisements and for the pastors not to repeat their remarks.

Last year Judge Michael Higgins found that Pastors Danny Nalliah and Daniel Scot and Catch the Fire Ministries vilified Muslims at a seminar on jihad in Melbourne in March 2002, in a newsletter and a website article. He said these suggested that the Koran promoted killing and looting, that Muslims wanted to take over Australia and terrorists were true Muslims.

Justices Geoffrey Nettle, David Ashley and Marcia Neave overturned that finding but rejected the appeal that the Racial and Religious Vilification Act was unconstitutional.

They ordered the Islamic Council of Victoria, which brought the original complaint, to pay half the appellants' appeal costs but left the costs of the original hearing to be decided by the judge who rehears the case.
After the hearing, Pastor Nalliah said: "I'm really thankful to the Lord. I would be pleased to see it completed and not go back to the tribunal, but what we got was more than a blessing."

He said it was a great day for free speech. He added that all laws needed to be tested, and this now had now been tested and found to be a bad piece of legislation.

Pastor Scot thanked his supporters and vowed to continue conducting seminars on the Koran and Hadiths (Islam's sacred texts). "Some Muslims have got the idea they have to hide the truth, and that's very sad," he said.

Catch the Fire leader welcomes decision to uphold appeal

Pastor Danny Nalliah of Catch the Fire Ministries (CTFM) welcomed the Court of Appeal decision to uphold the CTFM appeal.

"The original decision of Higgins J in the Victorian Civil and Administrative Tribunal of the Islamic Council of Victoria Inc v Catch The Fire Ministries & Ors [2006] VSCA 284, has been overturned. The following text is reprinted from a media release of Barney Zwartz, Religion Editor of the Melbourne Age, 14 December 2006. The second media statement is that from Catch the Fire Ministries dated 14 December 2006". 

Pastor Nalliah said even though the case will be sent back to the Victorian Civil and Administrative Tribunal (VCAT) for another hearing, CTFM’s appeal being upheld is a victory for freedom of speech in Australia.

“In a sense we are happy with this decision to go back to VCAT. It means this case will be kept alive in the public consciousness. There’s a need to keep these vilification laws in sharp focus to reveal the problems this law is creating,” Mr Nalliah said.

When the case does return to VCAT, this morning’s Court of Appeal ruling stated the case must not be heard again by Judge Michael Higgins. The original VCAT decision is nullified and the penalties imposed on CTFM by then Judge Higgins have been set aside. This permits CTFM to carry out operations as normal.
The Islamic Council of Victoria (ICV) was also ordered to pay half the costs of the CTFM appeal.

“The ramifications of this bad law mean that this case has caused enormous stress for all concerned and increased division in the community,” Mr Nalliah said.

Mr Nalliah thanked his wife and two children for their support as well as the vast number of people who had stood with himself and Daniel Scot during this case. He said they appreciated the enormous generosity of the community in assisting with the exorbitant costs associated with it.

The fact that this appeal has been upheld by the Court of Appeal means that the government must take a close look at the implementation of this Act.

Pastor Nalliah called on Mr Bracks to repeal this bad law to prove to the people of Victoria that he supported free speech and freedom of religion.

Danny Nalliah is available for interview. Media contact: Jason Golden on (0404) 952 768 or Sarah Champness (0439) 615 413