Danny Nalliah - Alleged Vilification of Muslims

Alleged Vilification of Muslims

On 9 March 2002, Daniel Scot spoke at a seminar regarding Islam, sponsored by Catch the Fire Ministries. The seminar was attended by three Australian Muslims; two of them were asked to attend by May Helou who was an executive member of the Islamic Council of Victoria (ICV) and an employee of the Equal Opportunity Commission, Victoria. The third person was asked to attend by ICV members whilst he was at the ICV office. The three Muslims, along with the Islamic Council of Victoria, later launched action under the controversial Racial and Religious Tolerance Act, claiming that the intent of the speech had been to vilify Muslims, rather than to discuss Islam itself. After being considered by the Equal Opportunity Commission, the case was heard by the Victorian and Civil Administrative Tribunal, becoming the first real test case under the Act.

In a landmark ruling on 17 December 2004, the Tribunal ruled that Nalliah, Scot and Catch the Fire Ministries had breached the law. Judge Higgins heard further submissions regarding 'remedies' early in 2005. Nalliah publicly blasted the verdict, and declared his intention to continue fighting the case, potentially as far as the High Court of Australia. The Age newspaper quoted him as stating "We may have lost the battle, but the war is not over. The law has to be removed, there is no question."

On 22 June 2005, Judge Michael Higgins of the Victorian Civil and Administrative Tribunal delivered his final verdict on the religious vilification issue regarding remedies. He found that financial compensation would be inappropriate, but ordered Nalliah and Scot to take out newspaper advertisements to the value of $68,690 which summarised the findings in the case. Nalliah once again slammed the ruling, comparing the legislation to "sharia law by stealth". He also vowed that he would rather go to jail than comply with the ruling. Lawyers for the defendants had previously appealed to the Supreme Court of Victoria, in an Originating Motion alleging both that Higgins showed signs of bias, that there were errors in the decision and that the Act itself was unconstitutional. Following the decision, a formal appeal was lodged with the Court of Appeal of the Supreme Court and the Originating Motion was dropped. The Appeal was heard in August 2006.

The Becket Fund for Religious Liberty, an interfaith public interest law firm based in Washington DC, had intervened on Pastor Scot's behalf, engaging in discussion with the Attorney General of Australia, providing legal representation with local counsel, and providing legal arguments employed for the legal appeal. On 14 December 2006, the Supreme Court of Victoria, upheld the appeal and ordered that the matter be re-decided, without hearing new evidence, by a Judge (other than Judge Higgins) of the Victorian Civil and Administrative Tribunal. The Islamic Council of Victoria was ordered to pay half of Scot's and Nalliah's legal costs of the appeal.