Keysar's Legal Jihad

Explosive argument behind Trad’s defamation reasoning

PAUL SHEEHAN/SMH (Thanks to Dhumme Dhimmi)

The man carrying a legal bomb into courtroom 11A in the NSW Supreme Court building on Friday morning did not look menacing and is not menacing under normal circumstances. But these were not normal circumstances. This was cultural war. The legal bomb was brought to court by the once leonine figure of Clive Evatt, a veteran defamation lawyer who now walks with the aid of a cane, on which his severely bent frame leans heavily.

As Evatt took his place at the plaintiff’s bench, the man on whose instructions he was acting, Keysar Trad – a thickset, bearded man wearing a grey suit, blue shirt and tie – sat alone in the back row of the public gallery.

Trad is no stranger to litigation. Over many years he has expended untold hours making formal complaints to the NSW Supreme Court, the Administrative Decisions Tribunal, the Anti-Discrimination Board, the Human Rights Commission, the Press Council, other review bodies and, above all, the media, where he has operated as a quote-machine representing the Muslim community in Australia.

He was in court on Friday because of a disaster of his own making. After delivering a hostile tirade against Sydney’s top-rated radio station, 2GB, during a ”peace” rally in 2005, Trad was himself criticised the next day by a 2GB presenter, Jason Morrison, though not in the same language Trad had used at the rally where he claimed to speak on behalf of Muslims in Australia.

Trad sued for defamation. He was the star witness for his own case. The senior judge, Justice Peter McClellan, the chief judge of common law in the NSW Supreme Court, found against Trad, and found him to be a witness of little credibility, a man of extreme views and, in summary, ”a disgraceful individual”.

Such was Trad’s performance under oath that on Friday the counsel for the defence, Richard McHugh, SC, delivered this devastating portrayal of his credibility under oath: ”[Trad] attempted to evade responsibility for his statements by claiming he was misquoted, by claiming he was taken out of context, by claiming he had changed his mind, or by claiming he did not even know what he had said or written at the instant he said or wrote it. He was entirely disbelieved.

”[His] evidence that he did not know who was the author of Mein Kampf – and his feigned attempts at a thought process to recollect the author’s name – were a low point in this trial. The transcript in this case can supply only a colourless picture of the evidence at trial.”

Interesting. Trad hasn’t heard of Hitler and his bestselling book? Probably never heard of jihad either…?

Even before this appeal, Trad was facing legal costs exceeding $250,000. He decided to up his risk. On Friday morning, I counted 16 lawyers in the court. At this level, justice is neither fast nor cheap.

His appeal was based on several major grounds but the most prominent and contentious, made repeatedly in oral and written submissions, was that Justice McClellan had erred fundamentally by taking Trad’s provocative comments over the years out of the context of the Muslim community. To quote Evatt: ”His honour did not take into account that Australia is a multicultural society and the viewpoints of ethnic groups are recognised by the Australian community even though not all members of the community agree with them.”

And this: ”His honour did not refer to or even consider the likelihood the average citizen would recognise that the views expressed by [Trad] were similar to beliefs shared by Muslims throughout the world including Muslims in Australia.” And this: ”His honour appears to have given no weight to the fact that the speech was made to Muslims in a mosque and not in an address to the general community.”

And this: ”His honour overlooked the fact Sheikh Hilaly’s speech [defended by Trad] was not made to members of the Australian community but to Muslims and others who attended the Sidon Mosque in Lebanon.”

This is an explosive argument. It means this aspect of the appeal may rest on the argument that the Muslim community operates under different standards than the rest of society and cannot be judged using the same standards. Further, these standards, even if judged to be extreme by the rest of society, should be respected.

It is fair to say the bench became restive on Friday. There were plenty of tart exchanges from the three judges, justices Murray Tobias, Ruth McColl and John Basten. But this was nothing compared with the fire and brimstone from the defence.

This appeal was an attempt, McHugh argued, to turn the case into one about ”freedom of speech and freedom of religion, and that the appellant has been unfairly branded as a racist, homophobic, terrorist-supporting, woman-hating bigot when all he was doing was expressing views consistent with his Islamic faith and his role as a prominent Australian Lebanese community spokesman … The question here is whether the deliberate peddling of grossly sexist, homophobic, anti-Semitic filth is not dangerous and disgraceful and an incitement to violence and racist attitudes in Australia in 2010. The most extraordinary claim is that his extreme views are [a] ‘Muslim view’. This ought not to be accepted.”

If Trad does prevail in his appeal, this case, Trad v Harbour Radio, will be corrosive to the idea of mainstream Muslim moderation, and to the ideal that most Muslims are naturally part of a cohesive element in the weave of Australia’s culture rather than functioning under de facto Islamic law while giving mere lip service to the Australian legal system and the values it upholds.

8 thoughts on “Keysar's Legal Jihad”

  1. There is something seriously wrong with our legal system if this islamic thug survives and propers from its abuse.

  2. I want to know where K Trad gets the money to defend himself. He has never won a case in years. Perhaps he pays for it out of the centrelink payments for his four wives and kids. He has several houses, one for each whore in them. Between the whores and the bastard children we are paying for, he has already retired – thanks to the generosity of the Australian taxpayer.

    And a brilliant name is in the mud. Once the name Evatt meant something to be respected in our country. Doc Evatt was one of the founding members of the United Nations after world war 11 when it was called the Empire of Nations. He helped write the charter. Now we have a lesser Evatt defending another lesser being. The defendant is from an Empire of Wolves. Sad days indeed for Australia.

  3. Trad is playing an extremely sleazy game here, one that has been played successfully before, in Switzerland!

    Swiss Law Puts Muslims Above the Law

    Exactly what Muslims are trying to achieve worldwide to establish Islamic supremacy:

    To fulfil the conditions for hate speech the attacks must be directed against a specific race, ethnical group or religion. The people who don’t recognize Allah are not a protected group because they are not a race, ethnical group or a religious congregation. It is rather directed towards an unknown quantity of other- and non believers.

    That means if you would turn it around and make the claim that “Everyone who believes in Allah are lower than animals, vermin..” then you can be booked for hate speech. Because you are attacking one specific group that belongs to one particular religion, (even though they are not necessarily ethnic or a race)

    Got it?

  4. “Trad is playing an extremely sleazy game here…”

    Trad is an extremely sleazy individual.

    He will do anything it takes to procure money rather than work for it.

  5. I think you are all being a bit harsh here Hasnt poor old KT suffered enough what with being seriously inbred and the strain of turning Japanese over pictures of small boys and god knows what else.
    Anyway the repulsive little turd is sure to gets what he deserves in time .


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