VCAT case - 'The Two
Dannys'
 Complaint against Catch the Fire Ministries by the Islamic
Council of Victoria.
This main page has an Update on each stage of the case.
|Each
section of the case (original complaint, VCAT hearing, penalty, Appeal etc, has
its own page as shown by the tabs on the left.)
Following that is an overview of the complaint
made by the Islamic Council of Victoria under Victoria's Racial
and Religious Tolerance Act (Section 8 and 11).
__________________________
UPDATE: 22 June 2007 - Religious
Vilification complaint - finally resolved
It is over FIVE years since the Islamic Council of Victoria made a complaint
of religious vilification against Catch the Fire Ministries, Pastor Danny
Nalliah and Pastor Daniel Scot.
In December, 2006 the Victorian Court of Appeal upheld an appeal made by
Catch the Fire Ministries and the two pastors against the VCAT decision made by
Judge Michael Higgins against CTFM.
The case returned to VCAT – and was scheduled for a
re-hearing on the same evidence with a different Tribunal Member. Prior to that
hearing the case went to mediation and was resolved at a Mediation held on
Friday 22 June 2007.
The ICV withdrew the complaint and an official Statement was put out jointly
by Catch the Fire Ministries, Pastor Danny Nalliah Pastor Daniel Scot, and the
Islamic Council of Victoria.
Click here to read the
Statement, media reports and a
response from Salt Shakers….
One good outcome is that the
statement acknowledges the right to criticise a religion.
_________________________________
Update: 28 March
2007
Catch the Fire
Ministries Directions Hearing postponed
In December 2006,
the Court of Appeal upheld the appeal made by Catch the Fire Ministries, Pastor
Danny Nalliah and Pastor Daniel Scot against the complaint made by the Islamic
Council of Victoria. The case be sent back to VCAT to be re-considered by a
different Member.
A Directions Hearing had been scheduled for Friday - 30
March 2007 - before Justice Stuart Morris, President of VCAT. Catch the
Fire Ministries and the Islamic Council jointly applied to VCAT to postpone the
Directions Hearing since some discussions are still underway about resolving the
case.
Pastor Danny was notified that the Directions Hearing had been
postponed.
Also of particular interest is the fact that Justice Stuart Morris resigned
last week as the president of VCAT and as a Supreme Court judge! He will remain
at VCAT for the next month.
Media Reports:
VCAT
chief in shock departure
The Age , March 22, 2007.
VCAT
chief quits
Herald Sun, March 22,
2007
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14 December 2006 -
'Catch the Fire' Appeal allowed!
The Court of Appeal (Supreme Court) of Victoria has ALLOWED the
appeal sought by Catch The Fire Ministries, Pastor Danny Nalliah and
Pastor Daniel Scot.
Click here for our page
on the Appeal decision, with a link to the full decision, summary of the
decision and media articles.
________________________________
13 December 2006 -
'Catch the Fire' Appeal decision to be handed down this Thursday
14 December 2006
The decision in the appeal by Catch The Fire Ministries, Pastor Danny
Nalliah and Pastor Daniel Scot will be handed down TOMORROW morning, Thursday
14 December 2006 at 9.30 am.
The appeal is against the VCAT decision
regarding the complaint by the Islamic Council of Victoria and three
complainants. The appeal was heard in August. The decision will be handed down
in the Court of Appeal at459 Lonsdale Street,
Melbourne.
Click here for Appeal
details.
__________________________________
Update: Catch the Fire Ministries Appeal
AUGUST
2006
The Court of Appeal (of the Supreme Court in
Victoria) heard the appeal by Catch the Fire Ministries and
Pastors Danny Nalliah and Daniel Scot on August 21 and
22, 2006.
Thanks to those who contributed to the Appeal Fighting Fund - all
current legal costs for the Appeal have now been covered (around $300,000).
____________________________
UPDATE: Feb 2006 Appeal due in May or June
Appeal date will be set
soon.....
Currently the details regarding the appeal to the
Victorian Supreme Court (Court of Appeal) are being finalised and a date will be
set for the hearing. This includes the organising and printing of the 'appeal
book' which includes all the documents that may need to be referred to by the
three judges during the appeal. This 'book' is over 4000 pages in length.
NEW:
Christianity on Trial - Catch the Fire Ministries and the Islamic Council
A four page article summarising the case to August 2005.
Includes the handing down of an injunction by Judge Higgins and the
the granting of leave to appeal by the Court of Appeal (Supreme Court of
Victoria).
Attached below.
A ONE page summary is also
attached.
______________________________________
19 August 2005 - Leave to Appeal
granted
The Court of Appeal (part of the Supreme Court of
Victoria) has granted leave to appeal against the decision and
'remedies' handed down by VCAT and Judge Higgins. Catch the Fire Ministries,
Pastor Danny Nalliah and Pastor Daniel Scot have been allowed to appeal on all
the submitted grounds including the conflict of the Act with the federal
constitution regarding political and government speech, the definition of
sections of the Act, issues relating to credibility, conclusions by VCAT
relating to what the pastors said, the distinction between speaking about a
religion and about a person and the meaning of ‘incite’.
It may take
up to 12 months to hear the Appeal. The judge stayed the order
requiring the pastors to place newspaper advertisements about the decision - but
not the injunction on speech and publications.
9 August 2005 - VCAT imposes injunction on
pastors
Judge Higgins has ordered that that an injunction be
placed on Pastor Danny Nalliah and Pastor Daniel Scot to prohibit them from
saying or doing anything that has the same or similar effect as the comments he
found breached the Act and vilified Muslims. He has ordered that this apply in
Victoria AND in every State and Territory of Australia.
22 June 2005: Catch the Fire Ministries -
religious vilification penalty
Judge Higgins has ordered that
Catch the Fire Ministries, Pastor Daniel Scot and Pastor Danny Nalliah must
place a statement written by the Islamic Council of Victoria on their website
and in newspapers by 31 August 2005. He ordered it must be kept on the website
for 12 months.
In addition Judge Higgins ordered that the pastors have 30 days to give an
undertaking that they will not say or do anything that has the same or similar
effect in the future as the comments he found breached the Act and vilified
Muslims. If they fail to do so, he is considering further orders and an
injunction to order them to comply!
He made an order that documents and evidence are allowed to be used outside
of VCAT.
Click here for more details...
_________________________
21 June 2005: Catch the Fire Ministries -
religious vilification complaint
Judge Higgins will announce
his decision about penalties - or remedies - in the complaint brought by the
Islamic Council of Victoria against Catch the Fire Ministries, Pastor Danny
Nalliah and Pastor Daniel Scot on Wednesday 22nd June 2005 at 10
am.
The hearing will be held at the Victorian Civil and Administrative
Tribunal,
55 King St, Melbourne.
Everyone is
welcome - come and show your support for the two
pastors!
______________________________________
4 May 2005: Penalty hearing - on proposed
remedies
The penalty hearing for the case brought by the
Islamic Council of Victoria against Catch the Fire Ministries, Pastor Danny
Nalliah and Pastor Daniel Scot, was held on Monday 2nd and Tuesday 3rd May 2005.
Judge Higgins reserved his decision.
He said he would
give his decision within four weeks.
_________________________________
29 April 2005: CTFM hearing at the Supreme
Court
A hearing at the Supreme Court to consider whether an
injunction should be granted to stop Judge Higgins proceeding with the penalty
hearing on Monday 2 May was held on Friday 29 April 2005. It was unsuccessful.
The penalty hearing will now proceed on 2 May
2005.
______________________________________
21 April 2005
Catch the Fire Ministries
has asked the Supreme Court of Victoria to conduct a judicial review of the case
and decision.
Click here for
details...
This relates to the errors in fact and other matters in
the decision made by Judge Higgins.
_________________________________
29 January 2005: Penalty hearing:
The penalty for Pastors Danny Nalliah, Daniel Scot and Catch the
Fire Ministries is still to be determined. A brief hearing was held on Friday 28
January 2005 (at the County Court) to decide when the penalty hearing will be
held.
The penalty hearing will be held on 2 May 2005.
___________________
Decision announced 17 December
2004:
Judge Higgins, of the Victorian Civil and
Administrative Tribunal announced his decision at a brief hearing at VCAT on
Friday 17 December 2004 .
For DETAILS of the decision, along with links to the decision,
articles, comments etc, please click here.
Details of the actual hearing and complaint are included in the overview
below...
________________
See below for details on how to obtain more
information from us, including a document with a 5-page summary and all the
Updates written during the hearing. __________________
The complaint made by the Islamic Council
of Victoria and others against Catch the Fire Ministries, Pastor Danny Nalliah
and Pastor Daniel Scot
Two Australian pastors, Danny Nalliah
and Daniel Scot, and Danny Nalliah's ministry Catch the Fire Ministries, were
involved in a case at the Victorian Civil and Administrative Appeals Tribunal
(VCAT) and the Equal Opportunity Commission for over
FIVE years - to answer a complaint of religious
vilification that was brought by the Islamic Council of Victoria and
three Muslim converts.
Pastor Daniel Scot presented a seminar on Islam in March
2002 in Melbourne. The seminar was organised by Pastor Danny Nalliah
and his group, Catch The Fire Ministries in response to questions following the
9/11 attacks in New York.
The seminar presented information on jihad in the Qur'an, compared the Bible
and the Qur’an and talked about how to reach out to Muslims in love. Three
Muslim converts attended parts of the seminar and then lodged a complaint,
claiming that it "incited hatred" against Muslims in Australia.
The Complaint
The complaint
was originally lodged with the Equal Opportunity
Commission under Victoria's Racial
and Religious Tolerance Act , which began in January 2002.
The original complaint cited some statements made at the
seminar, statements from a Catch the Fire Ministries
newsletter and an article on Islam placed on
the the CTFM website.
Response:
To read
Catch the Fire Ministries' response to the original complaint,
click here.
This document includes the actual complaints made and shows
that in many cases the statements were misheard and/or misquoted by the
complainants. CTFM had taped and transcribed the seminar so had an accurate
record of what was said. The downside of that was that, when the judge at VCAT
later ordered that the tapes be given to the ICV the complainants re-wrote parts
of the complaint to match what had ACTUALLY been said!
A conciliation session was held by the Equal Opportunity Commission to try
and resolve the complaint.
When this was unsuccessful, the Islamic Council
of Victoria chose to take the matter to the Victorian Civil and Administrative
Tribunal (VCAT) where a mediation session was held. This was also unsuccessful.
The Islamic Council then took the matter to a hearing at VCAT.
The hearing began on 15 October
2003 - there was a break during November and again over the
Christmas holiday period. The hearing resumed again on 12 February
2004 and went until 5 March - almost 40 days! Pastor Nalliah was
re-examined on 18 March (due to commitments overseas) and a brief hearing to
arrange final details for submissions by the legal counsel was held on 29 March
2004.
The barrister for Catch The Fire Ministries, Mr David Perkins, then prepared
a submission for the judge, as did the counsel for the ICV. These were submitted
around the end of May 2004. Two weeks were then allowed for counter-submissions
to be prepared and submitted. Then the judge then considered the evidence,
witness statements and submissions before coming to a decision.
This was a lengthy case that deeply affects our freedom of religion and
freedom of speech in this nation. The eyes of the world have been on this case
since 2002.
Please pray for the pastors, the witnesses for Catch the Fire
Ministries and the legal team.
The Updates in reverse date order detail the events following the COMPLETION
of the case - starting with the handing down of the
decision.
__________________________
Christianity on trial .
. . The case so far
An article summarising the case, the
law, and the hearing is available. It includes a 5 page summary of the case and
all the daily Updates that have been prepared (50 pages in all with an index).
If you would like this document, please email me (with information about
yourself) at jenny@saltshakers.org.au
Updates:
Salt
Shakers monitored this case and prepared daily updates on the Tribunal hearing.
Subscribers to our email E-News received these.
To receive our E-News email
jenny@saltshakers.org.au with your
name and church details.
Catch the Fire
Ministries
To contact Catch the Fire Ministries, and Pastor
Danny Nalliah, click here.
To read articles on the case, click here.
To read
Catch the Fire Ministries' response to the original complaint,
click here
.
Racial and Religious
Tolerance Act
To read the Act, click here.
The relevant sections are Section 8 (the offence of religious vilification is
outlined) and Section 11, which includes exceptions for some behaviour.
The
exception for religious discussion says it must be "for a genuine religious
purpose" and the conduct must be "engaged in reasonably and in good faith".
The exception is NOT automatic. The person complained about
has to ESTABLISH that their conduct met these conditions! Author: Jenny Stokes | Modified: 1 August 2008 |
