VCAT - CTFM - Final Resolution

Religious Vilification complaint - finally resolved

It is over FIVE years since three people from the Islamic Council of Victoria attended a seminar given by Pastor Daniel Scot about Islam - and then lodged a complaint, along with the ICV, against him and Pastor Danny Nalliah of Catch the Fire Ministries (who organised the seminar and wrote about Islam in his Newsletter).

The case was heard by Judge Michael Higgins at VCAT in 2003-2004 and he found that the Pastors had breached the Act - the decision was handed down on 17 December 2004. He then made certain orders against the pastors in mid-2005.

CTFM and the pastors appealed to the Victorian Supreme Court - Court of Appeal - and the appeal was heard in August 2006. In December 2006 the Appeal was upheld. Justice Nettle found that the wrong test had been applied and also that Judge Higgins had made errors concerning what Pastor Scot had actually said (for instance he found that Pastor Scot did NOT say that 'Muslims were demons' as the media are fond of reporting). The three Court of Appeal judges sent the case back to VCAT for a re-hearing, by a different Member, on the same evidence as the previous hearing. The Appeal Court ordered that half the costs of the pastors for the appeal should be paid by the ICV. [CTFM already had to pay $40,000 to the ICV for a previous legal hearing during the case.]

Back at VCAT, the parties agreed to go to a mediation prior to the re-hearing to see if the case could be resolved. The case was finally resolved at a Mediation at the Victorian Civil and Administrative Tribunal on Friday 22 June 2007. If mediation had not resolved the complaint it would have gone to a re-hearing at VCAT in December 2007.

The ICV has agreed to withdraw the complaint!

The official Statement put out jointly by Catch the Fire Ministries, Pastor Danny Nalliah Pastor Daniel Scot, and the Islamic Council of Victoria is as follows:

VCAT Media Release
Human Rights Division - Anti Discrimination List – VCAT Ref: A392/2002
Friday 22^nd June 2007

Joint Statement of the Islamic Council of Victoria Inc.,Catch The Fire Ministries Inc., Daniel Nalliah and Daniel Scot

The Islamic Council of Victoria (the ICV) has reached an agreement with Catch the Fire Ministries, Pastor Daniel Scot and Pastor Daniel Nalliah about the complaint the ICV brought in the Victorian Civil and Administrative Tribunal (VCAT), concerning what it alleged were acts of religious vilification in contravention of s 8 of the Racial and Religious Tolerance Act 2001 (Vic).

Although some of the terms of that agreement are confidential, the parties have agreed to make this joint public statement.

Notwithstanding their differing views about the merits of the complaint made by the ICV, each of the ICV, Catch The Fire Ministries, Pastor Scot and Pastor Nalliah affirm and recognise the following:

1) the dignity and worth of every human being, irrespective of their religious faith, or the absence of religious faith;

2) the rights of each other, their communities, and all persons, to adhere to and express their own religious beliefs and to conduct their lives consistently with those beliefs;

3) the rights of each other, their communities and all persons, within the limits provided for by law, to robustly debate religion, including the right to criticise the religious belief of another, in a free, open and democratic society;

4) the value of friendship, respect and co-operation between Christians, Muslims and all people of other faiths; and

5) the Racial and Religious Tolerance Act forms part of the law of Victoria to which the rights referred to in paragraph 3 above are subject.

Issued by: Clare O’Dwyer, VCAT Media Liaison
m. 0407 557 100 e. clare.o’dwyer@justice.vic.gov.au
www.vcat.vic.gov.au

Is it really resolved?

For the pastors, the long battle is over.

The agreement affirms the right to robustly debate and criticise religion.

BUT the pastors would say that they did not vilify and were only robustly criticising another religion.

This case has brought worldwide attention to the threat to free speech imposed by such laws. Similar laws in NSW, SA and WA have been prevented. The pastors have spoken about their case in the UK and in the USA and forestalled similar laws there.

BUT the Victorian Racial and Religious Tolerance Act is still in place and still intimidates anyone else, who may be bold enough to criticise a religion or someone's religious belief. People are unsure what 'action' or speech might result in a complaint that then has to be defended! The mesasage for many is just to keep quiet. . .

The Act is an impediment to reasonable free speech and needs to go!

Media reports:
Note: The main media outlets used an AAP report which repeats the incorrect claim that Daniel Scot said Muslims were demons etc. Many of those 'findings' of Judge Higgins were refuted in the Court of Appeal decision.

Church and Islamic council bury hatchet
The Australian – From AAP, By Jeff Turnbull June 25, 2007.

Handshake ends Vic Christian, Muslim row
The Age, June 25, 2007.

Vilification battle ends
Courier Mail, 26 June 2007.

Christian, Muslim groups end quarrel
Border Mail, 26 June 2007.

Christian reports:

Pastors Settle 'Vilifying Islam' Case
CBNNews.com - June 25, 2007

Muslim vilification case settled in Australia
Mission Network News, 27 June 2007.

Author: Jenny Stokes | Modified: 10 July 2007