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16th October 2003
Christian group wants law axed
By Barney Zwartz
Religious Affairs Writer
October 16, 2003
source: http://www.theage.com.au/articles/2003/10/15/1065917478274.html

A conservative Christian group accused of describing Muslims as terrorists and rapists yesterday sought to have Victoria's new religious vilification law ruled invalid.

Catch the Fire Ministries say that comments made at a seminar last year are merely robust debate in the public interest and are protected by federal laws on freedom of speech.

The action is a test case for Victoria's Racial and Religious Tolerance Act 2001. The Islamic Council of Victoria brought the complaint last year against the group, pastor Danny Nalliah and speaker Daniel Scot after three Muslims attended a seminar on Islam.

The case opened before Judge Michael Higgins at a packed Victorian Civil and Administrative Tribunal yesterday.

The group failed to have the act declared invalid on constitutional and jurisdictional grounds.

Senior barrister David Perkins argued that the constitution protected freedom of expression on political and religious matters.

"Our federal rights override restrictions by the state of Victoria," he said. "The act is in conflict with the rights and immunities we have as Australian citizens."

He also argued that the tribunal did not have jurisdiction on federal aspects, which the defence will use.

Judge Higgins acknowledged there was a problem but said he intended to continue the case.

"I accept I can't decide the jurisdiction point, but Parliament has confirmed jurisdiction of this act to this tribunal, and I propose to exercise it," he said.

Mr Perkins then applied to have the proceedings dismissed as unjustified. The application will be heard today.

Brind Woinarski, for the Islamic Council of Victoria, said Daniel Scot presented himself as an expert on Islam at the seminar on March 9, 2002. He said Mr Scot claimed there was only one true interpretation of Islam.

"He says, in fairly simple terms, that Muslims are terrorists, rapists and a whole lot of things," Mr Woinarski said. "We say Daniel Scot told the seminar that this is what the whole world of Muslims believe, which must by logic include Australia's Muslims."

Two of Australia's biggest churches sought to be involved, the Uniting Church specifically in support of the Islamic Council.

The Catholic Church submitted that it welcomed robust debate but was concerned about the implications of Catch the Fire's comments for interfaith dialogue and for social harmony.

Chris O'Grady, for the Uniting Church, said the church was concerned that Catch the Fire might present its views as representative of Christian views.

Mr Perkins said other parties should not be allowed to become irrelevantly entangled. Judge Higgins deferred a judgement on whether to allow the churches to make submissions.

The Islamic Council says the seminar about "holy jihad" incited scorn, fear and hatred of Muslims. The council is seeking a retraction, an apology and compensation.