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22nd October 2003
First vilification case set for hearing

Date: October 22 2003
By Barney Zwartz
Religious Affairs writer
source:http://www.theage.com.au/text/articles/2003/10/21/1066631424794.htm

Judge Michael Higgins will hear the state's first religious vilification case in the Victorian Civil and Administrative Tribunal after deciding that it is not affected by the constitution.

Judge Higgins had adjourned the hearing - addressing the Islamic Council of Victoria's complaint that conservative Christian group Catch the Fire, pastor Danny Nalliah and speaker Daniel Scot vilified Muslims at a seminar on jihad last year - while deciding whether to refer the state's hate law to the Supreme Court to test its validity.

After three days in which the judge was yet to hear an opening address, the first witness was heard yesterday, following Judge Higgins' ruling that the Racial and Religious Toleration Act was not affected by either the Australian Constitution, cases in the High Court or the federal Human Rights and Equal Opportunity Act.

Judge Higgins also dismissed an application to strike out the case.

The Islamic Council's barrister, Brind Woinarski QC, sought to expand the complaint to include the seminar in its totality, including its style, audience reaction and atmosphere.

Appearing for Catch the Fire, barrister David Perkins argued this would change the nature of the case, telling the tribunal that his clients had prepared a defence only to the particular complaints.

When Judge Higgins allowed the amendment, Mr Perkins sought a two-week adjournment.

"I should not be bundled or pushed into a hearing that now has aspects we're not ready for," he said.

Mr Woinarski said the request was "a desperate attempt to get more time or to put off the evil day".

Judge Higgins will rule on the request today.