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> Send this article 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. [Non-text portions of this message have been removed] -------------------------- Want to discuss this topic? 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