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26th February 2004
Vilifying Islam Case Drags on in Australia
By Patrick Goodenough
CNSNews.com Pacific Rim Bureau Chief
February 26, 2004
http://www.cnsnews.com/ForeignBureaus/Archive/200402/FOR20040226a.html

Pacific Rim Bureau (CNSNews.com) - Two Christian pastors in Australia are defending themselves in court against allegations of vilifying Islam, as the first case brought under a controversial state hate law drags on.

The hearing before a special tribunal in Melbourne, Victoria state, initially was expected to last three days, but has gone on for more than 25 days, and several recesses, since a first session began last October.

The Islamic Council of Victoria (ICV) and three individual Muslims brought a complaint against evangelical pastors Daniel Scot and Danny Nalliah, following a seminar on Islam.

The seminar's aim, according to a supporter of the pastors, was "to help Christians understand Islam and the events of September 11 [2001], and assist them to minister and reach out, in love, to the growing Muslim community in Melbourne."

Nalliah heads the organization which hosted the seminar, while Scot was a main speaker. Both men have first-hand experience of Muslim societies, and Scot is considered an expert on Islam.

The three individual complainants, who attended the seminar at the request of the ICV, said they were shocked by what they had heard.

Together with the ICV, they then bought a complaint under the state's new Racial and Religious Tolerance Act.

The law had been brought in in 2001 by Victoria's Labor government - not Australia's federal government - in the face of opposition from some Christian and other groups concerned that it could be abused and stifle free speech.

The hearing is a civil matter, and the tribunal in this case cannot impose criminal penalties, although if "religious vilification" is proved, the presiding judge may order that the pastors apologize, pay compensation or take other steps.

The complainants charge that Scot and Nalliah incited "hatred against, serious contempt for, or revulsion or severe ridicule" of Islam, citing statements relating to jihad, suicide bombing, the treatment of non-Muslims in Islamic countries and the experience of women under Islam, among others.

In its written rebuttal, Nalliah's organization, Catch the Fire Ministries, denied that the seminar had incited hatred.

"It cannot be regarded as controversial that there are passages in the Quran ... [and other key religious texts] which could and do incite believers in Islam to violence and hatred of non-Muslims," it said. "These passages are well known and widely cited by terrorist groups.

"Exposing the roots of this problem within Islam is not the same thing as inciting hatred. Since Christians are one of the named targets of jihad fighting in the Quran, they have a right and a duty to be well informed about this aspect of Islam."

In earlier sittings it emerged that the complainants, who were converts to Islam, had limited knowledge of the Quran.

In recent days, Scot has being questioned by Brind Woinarski, the lawyer representing the ICV.

Attendees say questioning has focused on his credentials as a specialist on Islam and his views on the religion.

In one unexpected challenge to the court, defense attorney David Perkins earlier questioned the very legality of Islam under Australian law.

He cited a rarely used blasphemy law which has been found in previous court rulings only to extend to Christianity.

"The Quran contradicts Christian doctrine in a number of places and, under the blasphemy law, is therefore illegal," Perkins said.

As the blasphemy law takes precedence over the Victoria hate legislation, if the state law intended to fetter the teaching of Christian doctrine, it was invalid, he said.

The case has attracted attention around the world, with religious freedom groups in the U.S. and Britain speaking out against the law and the legal case. Islamic media organizations have also been carrying reports on the hearings.

The Catch the Fire case is cited in the State Department's annual report on global human rights, released Wednesday.