ECAJ launches court action
The national Jewish roof body first announced in January that it planned to take legal action against Muslim clerics who had made antisemitic statements.
Following the failure to resolve its complaint against a Western Sydney preacher though the Australian Human Rights Commission (AHRC), the Executive Council of Australian Jewry (ECAJ) has officially launched court proceedings.
The national Jewish roof body first announced in January that it planned to take legal action against Muslim clerics who had made antisemitic statements in the wake of last year’s October 7 Hamas-led massacre and subsequent Israeli military operation in Gaza.
It formally lodged a complaint in March with the AHRC against Wissam Haddad – who also goes by the name Abu Ousayd – and the Al Madina Dawah Centre in Bankstown over speeches that were allegedly made at the centre late last year, recordings of which have been uploaded online.
On Monday, the ECAJ said proceedings have now commenced in the Federal Court of Australia under Part IIA of the Racial Discrimination Act, with co-CEO Peter Wertheim and deputy president Robert Goot the applicants.
Court documents allege that the speeches included derogatory generalisations about Jewish people, such as descriptions of them as a “vile people”, a “treacherous people”, and claims that “their hands are in everywhere – in businesses … in the media”.
Wertheim and Goot are seeking declarations that the respondents contravened section 18C of the Racial Discrimination Act, injunctions requiring the speeches to be removed from the internet and restraining the respondents from publishing similar content in the future, an order requiring publication of a corrective notice on the social media pages of the Al Madina Dawah Centre, and an order for costs.
They are not seeking damages or monetary compensation.
“As is required by law, we attempted in good faith to resolve this matter by conciliation through the Australian Human Rights Commission, but a conciliated resolution could not be achieved,” Wertheim said.
“Accordingly, we have commenced proceedings in the Federal Court to defend the honour of our community, and as a warning to deter others seeking to mobilise racism in order to promote their political views.”
Wertheim said the “hatreds, prejudices and bigotry of overseas conflicts” should not be brought into Australia.
“Maintaining and strengthening social cohesion is the role of governments and government agencies, but lately they have failed us,” he added.
“It should not fall on our community, or any other community, to take private legal action to remedy a public wrong, and to stand up to those who sow hatred in our midst.
“However, in the circumstances we feel we have no alternative.”
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