http://www.news.com.au/heraldsun/story/0,21985,20930620-2862,00.html

 


Free speech win for Islam critics


Craig Binnie

December 15, 2006 12:00am

Article from:  <http://www.heraldsun.news.com.au/?from=ni_story> Herald-Sun

 <http://www.news.com.au/heraldsun/story/0,21985,20930620-2862,00.html> 


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A TRIBUNAL decision seen as gagging critics of Islam has been torn up in a
decisive victory for two fundamentalist preachers facing jail.

The Islamic Council of Victoria had complained that comments by Catch the
Fire Ministries pastors had exposed Muslims to hatred and ridicule.

Yesterday's unanimous decision by three Victorian Court of Appeal judges was
widely applauded as a win for freedom of speech.

The Victorian Civil and Administrative Appeals Tribunal had agreed with the
Islamic Council that pastor Daniel Scot had engaged in conduct that incited
hatred, contempt, revulsion or ridicule.

VCAT's Judge Michael Higgins said Mr Scot had caused 250 Christians to laugh
at Islam during a 2002 seminar.

But yesterday the Court of Appeal set aside the orders and returned the case
to the tribunal for decision by a different judge, without the rehearing of
evidence.

Justice Geoffrey Nettle said a recording of the seminar had left him
unconvinced that Mr Scot had incited hatred.

He said that though Mr Scot's style sometimes ridiculed Islam and resulted
in cynical laughter, his plea during the seminar to love Muslims seemed
sincere, as did the audience's reaction to it.

Mr Scot allegedly "made fun of Muslim beliefs . . . in a way which is
essentially hostile, demeaning and derogatory of all Muslim people, their
God, . . . the Prophet Mohammed and, in general, Muslim religious beliefs
and practices."

It was alleged he stated that the Koran promotes violence, killing and
looting and treats women badly; that the faith considers women, dogs and
donkeys of equal value; that domestic violence in general is encouraged; and
that Muslims are liars and demons.

Judge Higgins had ordered Mr Scot and fellow pastor Daniel Nalliah to
correct the statements and apologise in full-page newspaper advertisements.

But the appeal court said Mr Scot had been taken out of context, and had
been quoting from the Koran.

Outside the court, Mr Scot said he would rather have gone to jail than
apologise.

"Muslims have got to hide the truth to convert more people to Islam," he
said. "We are not afraid to tell the truth.

"We can't be muzzled."

Mr Scot said the money the Islamic Council had spent on the case would have
been better spent educating Muslims to better assimilate.

The Moderator-General of the Presbyterian Church of Australia, the Rt Rev
Bob Thomas, was pleased the case had been returned to VCAT.

He said the pastors' alleged comments were not that serious and did not
warrant the persecution they had suffered.

"I feel sorry for Islam," he said. "It appears not to be a religion that can
be examined.

"If this sort of thing were said about us, we would just absorb it.

"There are some who want one rule for themselves . . ."

He said Australians had been tolerant before the introduction of the
controversial Racial and Religious Tolerance Act 2001.

The Islamic Council of Victoria was ordered to pay half the pastors' legal
fees.

Waleed Aly, of the Islamic Council of Victoria, said the ruling was not a
victory for anything and was only a decision on a legal technicality.

"They haven't said that the conclusion the tribunal reached was wrong:
they've just got an issue with some of the (VCAT) reasonings," Mr Aly said. 

If Justices Nettle, David Ashley and Marcia Neave had decided the pastors
had not broken the law, they might have dispensed with the case altogether,
he said.








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