When a Mohammedan tweets “white people are getting f…ed Yas, it’s happening”, among other things, its not anti-white racism. Its just “robust debate”.
Mark Latham’s defence in Osman Faruqi defamation case struck out
The legal defence of Mark Latham, right, in a defamation case brought against him by former Greens candidate Osman Faruqi, left, has been struck out.
Judge Wigney said it had included “inappropriate commentary, history, narrative material or material of such a general evidentiary nature that Mr Faruqi could not reasonably be expected to respond or plead to it.”
He asked: “What does the martyrdom of Christians in the Roman Empire between the reign of the Emperor Nero Claudius Caesar Augustus Germanicus and Emperor Flavius Valerius Aurelius Constantinus Augustus have to do with a defamation action commenced in Australia in 2017?
“How could the persecution of ethnoreligious Huguenots in the French Kingdom during the French Wars of Religion of the Sixteenth Century be said to rationally affect the assessment of the probability of a fact in issue in a modern-day defamation action in which the defamatory imputations are said to be that the applicant knowingly assists terrorist fanatics who want to kill innocent people in Australia, or condones the murder of innocent people by Islamic terrorists, or encourages and facilitates terrorism?
“Could the fact of the segregation and ill-treatment of ethnic Negro people under the doctrine of Apartheid in South Africa between 1948 and 1991 reasonably be said to be relevant to the defences of justification, contextual truth, qualified privilege, honest opinion and fair comment pleaded by the respondent in that defamation action?
“These and other equally beguiling questions are raised by the interlocutory applications filed by the parties in this matter.’’
Mr Latham said this afternoon that he would appeal against the judgment.
“Last year I criticised a Tweet by Osman Faruqi attacking white-skinned people,” Latham tweeted. “Today Wigney said, “But really, what does one expect from Twitter, or social media generally; deep, insightful analysis?” What sort of legal analysis is this? The Wigney judgement will be appealed.”
Mr Latham has until September 28 to file a new defence.
Mr Faruqi’s legal team issued a statement of their own through Josh Bornstein, principal at Maurice Blackburn.
“We welcome today’s decision from the Federal Court to strike out the entire defence filed by Mark Latham and also to order costs against him.
“Our client’s case is that Mr Latham defamed him including by suggesting that he had incited or encouraged terrorist violence. As the court’s decision makes clear, many of Osman Faruqi’s tweets:
“are plainly intended to be little more than a humorous or satirical commentary on specific events or happenings in the media or Australian society, albeit from the perspective of a minority group.”
Our client Mr Faruqi is a strong supporter of robust debate, but what occurred in this instance were baseless and dangerous attacks from Mr Latham that crossed a clear line.
Mr Latham has argued that Mr Faruqi has sought to vilify white people. Today’s decision has also dismissed that argument, noting:
“As for the first question, upon close analysis, the 164 tweets which are extracted in isolation and out of context, in Schedule II, are simply not reasonably capable of supporting the assertion or conclusion that Mr Faruqi demonises or vilifies white people, let alone incites or encourages violence against them.”
Mr Latham must now decide whether he will continue to try and defend this matter.
Faruqi, the son of Greens senator Mehreen Faruqi, has taken Latham to court over a video in which he was accused of “white racism” over a series of tweets.
“The white people are getting f…ed Yas, it’s happening,” Faruqi said in the tweet, directed at Yassmin Abdel-Magied.
Mr Latham singled out Faruqi in his Outsiders video channel, arguing he was celebrating the downfall of white politicians.
“He is celebrating anti-white racism in Australia,” Mr Latham said in the video, a transcript of which was previously filed in court.
“These people are fomenting hatred of white people. And as such, they are effectively encouraging the terrorists in this political environment, to do their worst.
“If you are generating hatred of white people, have a good look at yourself because it is not the Australian way, we shouldn’t have racial hatred of any kind in this country. And the rise of anti-white racism is just phenomenally unacceptable.”
Mr Latham had submitted a lengthy document citing a number of defences, but mainly that the imputations alleged by Faruqi were not conveyed by the video.
In a statement of claim filed by Maurice Blackburn Lawyers for Faruqi, it was argued the video defamed him by implying that he encouraged and facilitated terrorism, condoned the murder of innocent people by Islamic terrorists and knowingly assisted terrorist fanatics who want to kill people in Australia.
Faruqi is seeking a court order to have the video pulled down, along with aggravated damages for, arguing that it has “gravely injured” reputation and character, causing hurt and embarrassment and subjecting him to hatred, ridicule and contempt.
Its important that the truth get out there for everyone to see.
In the video, which was released shortly after the foiled Etihad terror plot in August last year, Mr Latham praised law enforcement efforts but called for Islamic terrorism to be addressed “at its root cause”.
“Anyone out there, on the left of politics in particular, that’s fomenting hatred of white people, the rise of anti-white racism in Australia, and also those fomenting the idea of an Islamic master race in Australia, they are aiding and abetting Islamic terrorism,” Mr Latham said in the video. “They are giving encouragement and succour to the terrorist fanatics who want to kill innocent people in this country.”
Mr Latham set up the Outsiders program after he was let go by Sky News in March.