Judge Clarifies Penalty and Raises Doubts

 Daniel Scot Danny Nalliah
Daniel Scot and Danny Nalliah
Two Christians are facing a tribunal in Victoria State, Australia, accused of "vilifying Muslims" in a seminar on March 9, 2002. The Islamic Council of Victoria contends that the seminar violated Victoria State's Racial and Religious Tolerance Act (for more information, click here).

On October 29, Judge Michael Higgins told a tribunal that he had received a call from the Department of Foreign Affairs over concerns about the case raised in a "considerable" number of emails from Americans to the Australian embassy in Washington. Part of the concern centered around the punishment that the two men, Daniel Scot and Danny Nalliah, could face. Judge Higgins stated that, while the act provides for up to six months' jail, this penalty would not apply in this case. He noted that a jail sentence applies only to a section of the law referred to as "Serious Religious Vilification." These two men, however, are being tried under the section referred to as "Religious Vilification." Under this section, the judge could order apologies, written statements, compensation, or fines. To view the actual legislation, go to https://www.vomcanada.com/download/rrta.pdf.

The judge also indicated his thinking at this point in the proceedings. He acknowledged that the parts of the seminar transcripts presented by the complainants could have been interpreted in that way. However, the seminar went on to talk about the need to dialogue with Muslims, develop relationships and mix socially with them. "Is the document as a whole an incitement to hatred as set out in (the act)? If you stop at page 67 it's pretty easy to say yes, but when you go through the rest, then I think the first view you might adopt starts to wane somewhat," said the judge.

The tribunal resumes today, November 5, and will continue until Friday. It will then adjourn until December or February because of prior commitments. The judge will announce the date to resume on Friday.

Pray for Scot, Nalliah, and their legal team. Pray for wisdom in the words they say and the ability to present the truth in a convincing way. Pray that all charges against them will be dropped soon.

Australia News

  • Vilification Case Settled in Australia
    VCAT Media Release
    VCAT Media Release
    Click here to view the entire document

    The five-year vilification case between Pastors Daniel Nalliah and Daniel Scot of Catch The Fire Ministry and the Islamic Council of Victoria (click here for more) was settled in seven hours of mediation between the two parties in the Victorian Civil Administrative Tribunal (VCAT) on June 22. Some of the terms of the agreement are confidential but both parties agreed to make a joint statement in which they recognized the right to "robustly debate religion" within the limits of the law, "including the right to criticize the religious belief of another in a free, open and democratic society." The case was the first to be heard by the VCAT under Victoria's 2001 Racial and Religious Tolerance Act.

  • Pastors Win Appeal
    Daniel Scot and Danny Nalliah
    Daniel Scot and Danny Nalliah

    Australian pastors Danny Nalliah and Daniel Scott, who were charged with "vilifying Muslims" in March 2002 (click here for more details), have won their appeal. Their case will now be sent back to the Victorian Civil and Administrative Tribunal to be heard by a different judge. The court also suspended the orders for the pastors to publicly apologize for their comments. Their accuser, the Islamic Court of Victoria, has been ordered to pay half of the appeal costs. The costs of the original hearing will be decided by the judge who rehears their case. The two pastors reportedly hail the decision as "a victory for free speech."

  • Update on Vilification Case
    Daniel Scot and Danny Nalliah
    Daniel Scot and Danny Nalliah

    In June 2005, Daniel Scot and Danny Nalliah were found guilty of vilifying Muslims by the Victorian Civil and Administrative Tribunal (VCAT) in Victoria State, Australia. They were ordered to publicly apologize for statements they made in a conference and to not repeat the statements. The ruling was appealed.

    On August 21-22, the appeal court heard their arguments. The three justices have reserved their decision. It could take up to three months for the decision to be announced. Pray for Justice Geoffrey Nettle, Justice David Ashley and Justice Marcia Neave as they consider this important case.