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20th December 2004
Freedom of Speech, GONE

Today -Friday December 17 - saw the handing down of the long-awaited decision in the complaint of religious vilification by the Islamic Council of Victoria and three Muslim converts against Catch the Fire Ministries, Pastor Danny Nalliah, and Pastor Daniel Scot at the Victorian Civil and Administrative Appeals Tribunal (VCAT).

Judge Michael Higgins’ decision has severe consequences for religious freedom, and free speech generally, in Victoria and across the whole nation.

The verdict was that vilification had occurred.

This means the Judge decided they were ‘guilty’ of vilifying Muslims. (Sec.8) He also decided that the religious ‘exception’ (exemption) does not apply because he believed the conduct was not done “reasonably and in good faith”. (Sec. 11)

He gave a 5 page summary of the reasons for his decision – the full 100 page judgement will be available early next week and placed on the internet. We will forward details and link as soon as they are available.

Truth has been totally ignored by this verdict. This does not come as a surprise – this is the fault of the Victorian Government which drafted the legislation, since the law does not allow for TRUTH to be a defence!!!

As a consequence of this decision, any publication, sermon, conference or public address about any other religion, even quoting text from religious books or documents could now be deemed vilification.

We are particularly disappointed that ‘judgement day’ was only a week before Christmas, on the last sitting day of the year, when we have been expecting a decision since August.

We are also greatly disturbed to see Uniting Church, Catholic Church and Anglican Church representatives supporting and congratulating the Muslims following the handing down of the decision.

The UCA had a media release ready to hand to the media stating they, “welcomed today’s ruling in VCAT… it sends a warning message to groups who seek to use religion to promote hatred and hostility of those with different religious beliefs.”

This is despite ‘hatred and hostility’ NOT being part of the seminar run by Daniel Scot and Catch the Fire Ministries.

The (UCA) media release also said “We are concerned about small Christian extremist groups that are damaging the reputation and good name of the broader Christian community”.

Clearly the inference is that Catch The Fire and all those who are concerned about Islam’s growth in Australia are ‘Christian extremists’.

Those seen to be representing these three ‘denominations’ only represent a very small number or part of their respective denominations. The UCA and Catholic church representatives were the ones who had applied to intervene in the case on behalf of the Muslims. One of the Anglicans present was Garry Bouma (Anglican Church Priest and professor of sociology) who said when speaking as an ‘expert witness’ FOR the Muslims during the hearing, ‘that we have a low-temperature Christianity in Australia’.

Bouma, when being cross- examined, went on to agree with the proposition made by David Perkins (Barrister for CTF) that he (Bouma) considered that "those Christians who did not conform to this average (low temperature ‘norm’) were offensive".

We all need to ask what part of the Christian Church we belong to – the hot, cold or lukewarm talked about by Christ in Revelation 3.

Pastors Danny Nalliah and Daniel Scot spoke to the media following the decision hearing and stated that they will continue to stand up for religious freedom and freedom of speech in Australia. They said the decision would have major implications for the critique of the religious texts of other religions.

This case continues to be watched by Christians and governments nationally and internationally – the British government is currently considering similar legislation to Victoria’s law.

Remedy or penalty

There will be a further hearing in late January after both parties have had time to consider the full verdict, to decide possible remedies (penalties).

In their formal complaint to VCAT, the Islamic Council asked for an apology, compensation and costs.

This could amount to many hundreds of thousands of dollars - on the other hand they could be very ‘nice’ and simply ask for an apology.

There is no monetary limit set out under this legislation for ‘compensation’.

There is no prison term applicable under this section of the Racial & Religious Tolerance Act. (Unless the two pastors fail to comply with any terms imposed by VCAT - this could be a maximum term of three months).

Peter Stokes
Salt Shakers