14 June 2010

Unlovely

Paul Sheehan notes proceedings in the appeal against the decision by McLellan J in Trad v Harbour Radio Pty Ltd [2009] NSWSC 750, defamation action by colourful personality Keysar Trad.

Sheehan's opinion piece comments on Trad's "performance under oath" last Friday, reporting that
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." ...

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."
The arguments by Clive Evatt on behalf of Trad and the decision on the latter's appeal are awaited with interest. The Gazette of Law & Journalism tartly reported on Friday's proceedings with the teaser that "Legal sophistry reaches new heights as plaintiff barrister Clive Evatt likens Sheik al-Hilali to John Milton ..."