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1st November 2003
Religious hatred case drags on
By Barney Zwartz
Religious Affairs Writer
November 1, 2003
source:http://www.theage.com.au/articles/2003/10/31/1067566087263.html

The judge hearing Victoria's first religious hatred case yesterday pleaded for the parties to renew attempts at mediation, saying the case was getting out of control.

"I note that there was a failed mediation in relation to this," Judge Michael Higgins said in the Victorian Civil and Administrative Tribunal. "Is there no possibility now?"

He said the case - a complaint by the Islamic Council of Victoria that Christian group Catch the Fire Ministries, Pastor Danny Nalliah and Pastor Daniel Scot vilified Muslims at a seminar last year - could and should be resolved.

Catch the Fire barrister David Perkins said his clients were not against the possibility, while Brind Woinarski, QC, said the Islamic Council was always willing to engage in meaningful mediation. "We are of the view it's unlikely that will occur," he said.

Judge Higgins said: "The case, quite frankly, is getting out of control. Is there any point in giving you half an hour to explore the possibility?"

However, the hearing continued and, when it adjourned after the 10th day, Judge Higgins noted it had "actually finished a witness" for the first time.

The witness, Monash sociology professor Gary Bouma, said fears of a Muslim Australia were a fantasy.

He said Australian Muslims were not seeking to establish an Islamic state but "trying to find their way forward as Australian citizens who are Muslims".

Asked by Mr Perkins what the person in the street thought of Islam, Professor Bouma replied: "Which street?"

Mr Perkins said the professor was basing his evidence on his friendship with Yasser Soliman, president of the Islamic Council, and was refusing to face facts.

The barrister earned his own rebuke from Judge Higgins when he said that the judge's indication of his thinking, given on Wednesday, lacked balance.

The judge said his comments had supported Mr Perkins's case.

After an exchange, he said: "This is the first time in my 19-year judicial career where the party who gets the benefit of the comment - and that's you - complains. It's extraordinary."