Tags

Australia

• Vilification Case Settled in Australia

  

  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

  

  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

  

  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.

• Update: Leave Given in Australia for Appeal

  

  In June, Daniel Scot and Danny Nalliah of Catch the Fire Ministry were found guilty of vilifying Muslims under Victoria State's controversial anti-vilification laws. Despite the ruling, they have publicly stated their refusal to abide by the ruling of the tribunal and are appealing the ruling (click here for details). On August 18, the Court of Appeal gave them leave to appeal the tribunal's decision. The Court of Appeal also determined that the men do not have to publish statements of apology until after their appeal. They are still restricted from making any comments about Islam that could be seen as similar to those which were considered to be vilifying.

• Update: Pastors Declare Their Refusal to Obey Court Ruling

  Danny Nalliah speaking to the press following the June 22 VCAT decision Photo from Ramon Williams - Worldwide Photos Ltd. - The Religious Media Agency Used by permission

  Two pastors found guilty of vilifying Muslims have said they would rather be jailed than apologise for the comments they made, according to reports in the Australian press. This is following the ruling of the Victorian Civil and Administrative Tribunal (VCAT) deputy president Michael Higgins on June 22, ordering Daniel Scot and Danny Nalliah of Catch the Fire Ministry to publish a statement of apology on the Catch the Fire website, in its newsletter and in two metropolitan newspapers.  The complete order can be found online (click here).

  Pator Nalliah was quoted in the Herald and Sun newspaper as saying, "Right from the inception, we have said that this law is a foul law, this law is not a law which brings unity. It causes disunity and as far as we are concerned right from the beginning we have stated we will not apologise. We will go to prison for standing for the truth and not sacrifice our freedom and freedom to speak."  Catch the Fire Ministries is appealing the VCAT decision to the Victorian Supreme Court.

• Pastors Ruled to have Vilified Muslims

  Daniel Scot and Danny Nalliah

  On December 17, Australian Judge Michael Higgins ruled that Pastors Danny Nalliah and Daniel Scot had breached section 8 of the Racial and Religious Tolerance Act of Victoria State which states that a person cannot engage in conduct that "incites hatred against, serious contempt for, or revulsion or severe ridicule of, that other person or class of persons."  Though the law outlines exceptions for religious purposes, Judge Higgins ruled that these exceptions did not apply, since the actions of Nalliah and Scot were not "reasonable and in good faith."  In the five-page summary of his decision, Higgins stated that Pastor Scot had "failed to differentiate between Muslims throughout the world, that he preached a literal translation of the Quran and of Muslims’ religious practices which were not mainstream."  Interestingly, the statements of Scot ruled to be most offensive were direct quotes from the Quran.

  This ruling came as a result of a seminar held by Catch the Fire Ministries to educate Christians on the beliefs of Islam.  Three Muslims in attendance took offense at what had been said and instigated action against Nalliah and Scot.  For more information on this case, click here.   The penalty is to be announced in later January, after both parties have had time to evaluate the decision.  Previously, the Islamic Council asked for an apology, compensation and costs, which could amounts to hundreds of thousands of dollars.

  Pray for Nalliah and Scot, as they face the consequences of this ruling. Pray for groups attempting to have the Racial and Religious Tolerance Act revoked in Australia's Victoria State.

• Final Decision on Vilification Charges Imminent

  Daniel Scot and Danny Nalliah

  At 9:30 a.m. on December 17, the Victorian Civil and Administrative Appeals Tribunal will be announcing the decision on accusations of "religious vilification" of Muslims by Pastors Danny Nalliah and Daniel Scot.  For background on this case, view the document prepared by Salt Shakers (click here).

  This trial is being closely watched by observers within Australia, as well as other areas such as England where a similar religious vilification law is being proposed.  Pray that this decision will be favorable, allowing the freedom of Christians to speak the truth in love.

• Vilification Trial Resumes

  Daniel Scot and Danny Nalliah

  The trial of two pastors charged with "Religious Vilification" in Victoria State, Australia resumes on February 12, after recessing on December 19, 2003. When the trial resumes, witnesses for the defense will be heard. A summary of the case go to this point is available here.

  We encourage you to pray for Daniel Scot and Danny Nalliah, that the truth will be told and that the judge will dismiss the charges against them.

• Vilification Trial Resumes for Pastors

  Daniel Scot and Danny Nalliah

  The trial for Daniel Scot and Danny Nalliah, accused of "vilifying Muslims" resumed on December 11. The charges come from a seminar held on March 9, 2002, informing local Christians about Islam and the meaning of Jihad (for more information on the case, see https://www.vomcanada.com/au-2003-10-07.htm). If convicted, the two face substantial fines under Victoria State's Racial and Religious Tolerance Act.

  When the trial resumed, the Board of Imams, the Uniting Church of Australia, and the Catholic Church in Melbourne all sought the right to intervene in the case, supporting the Islamic Council and their accusations against Scot and Nalliah. In a positive development, on December 15, the judge rejected the applications to intervene. It is expected that the last witness for the Islamic Council will testify within the next few days.

  Pray that the judge will rule that they have not proven their case of "vilification." Pray that, as a result of this case, the policies regarding tolerance and freedom of speech will be clarified in Victoria State's laws. Pray for a positive resolution to this case.

• Judge Clarifies Penalty and Raises Doubts

  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.