Penalty/'remedy' for the Catch the Fire
Ministries case
Stop Press - Penalty
announced 22 June 2005 - see below...
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.
A FULL report on the penalty
hearing is attached below. Pastor Scot was put on the witness
stand in an attempt to find out if he would continue to say the same things in the future - it
makes riveting reading!
20 June 2005: Remedy/penalty hearing on Wednesday 22 June
2005...
The penalty/remedy hearing, when
Judge Higgins will announce his decision on remedies or penalties in the
complaint of religious vilification against CTFM by the Islamic Council of
Victoria will be held at 10 am on Wednesday 22 June 2005.
(This is seven weeks after the hearing.)
Stay tuned! Results will be posted HERE on
Wednesday!
22 June 2005 -
Penalty handed down in Catch the Fire Ministries religious vilification
case
Judge Higgins announced the 'remedy' or 'penalty' at a hearing in the
Victorian and Civil and Administrative Tribunal at 10 am this morning (Wednesday
22 June 2005).
Judge Higgins basically endorsed all the requests made by
the Islamic Council of Victoria at the penalty hearing on 2-3 may with the
exception of placing a link on the Catch the Fire Ministries
website to the Islamic Council of Victoria for visitors to the CTFM website to
obtain the ICV's descriptions of Islam and their view of the complaint.
The full Reasons and Orders of the Tribunal as well as the
'Annexure' or statement that the Tribunal is asking the pastors to publish as
described in summary below are in the attached pdf document from VCAT as
published on the VCAT website (attached below).
Click here
for the VCAT website document.
Judge Higgins ordered
* That a statement that was
submitted by the ICV - summarising the findings of Judge Higgins against
Catch the Fire Ministries - be published in the Catch the Fire Ministries
newsletter by 31 August 2005.
This statement had two or three minor
clarifying changes (eg: Giving Richard Braidich's full name and stating he is
American) but was basically identical to the one proposed by the ICV in May at
the penalty hearing.
* That the statement be placed on the Catch the Fire Ministries
website by 31 August and be maintained there for a period of 12 months.
* That the same statement be placed in advertisements in
The Age and the Herald Sun on a Saturday and a Monday over TWO
consecutive weeks by 31 August.
* That within 30 days the respondents make an undertaking to the Tribunal
that they will not make, publish or distribute in Victoria any statements or
information that have the same or similar effect as those found by the tribunal
to have breached the Act.
Judge Higgins noted, in his statement before reading
his 'Orders', that the complainants had submitted that if an undertaking
was not given then Judge Higgins should grant an injunction to stop such
comments being made. Judge Higgins said it had been noted during the penalty
hearing that an undertaking was not offered at that time.
Then Judge Higgins said "I have given this matter careful thought and I have
determined that I propose to give the respondents an opportunity to re-think
their position, given the findings of the Tribunal and, should they indicate
upon reflection that they will not give the undertakings, then it will be
necessary for further orders to be made."
Judge Higgins then made the same order applicable to all other States and
territories in Victoria.
* Judge Higgins made a order releasing the parties and their lawyers from
'the usual implied undertaking' not to use evidence and documents from the
case
The following VCAT website has link to this decision, the Full decision (17
Dec) and the Summary decision (17 Dec). Click here. Author: Jenny Stokes | Modified: 22 June 2005 |
