Judge reserves decision in racial hate case
“It’s a tragedy when our institutions fail us and citizens are left to fend for themselves,' says Peter Wertheim.
A Federal Court judge has reserved his decision after a four-day hearing into allegations Islamic teacher Wissam Haddad made racist comments about Jewish people in several sermons following October 7, 2023.
Executive Council of Australian Jewry co-CEO Peter Wertheim and deputy president Robert Goot sued Haddad over five recorded sermons, alleging he portrayed Jews as “wicked and scheming”, people who “love money and wealth” and as “descendants of apes and pigs”.
Justice Angus Stewart must now decide whether Haddad’s comments violated section 18C of the Racial Discrimination Act by being reasonably likely to “offend, insult, humiliate or intimidate” people because of their race.
During closing submissions, Justice Stewart questioned why allegedly racist comments were necessary for religious expression, asking: “What is it that what was said in this case, that is necessary to the exercise of Islam, which doesn’t seek to justify in Islamic texts, as I understand it, racist generalisations?”
Haddad’s barrister Andrew Boe argued his client’s evangelism was constitutionally protected religious expression.
Haddad denies breaching racial discrimination laws and argues section 18C breaches the Constitution’s protection of free exercise of religion. He also claims his comments don’t refer to Australian Jewish people.
Senior counsel Peter Braham, representing Wertheim, warned: “Unless restrained, Mr Haddad will breach the act again.”
Speaking outside court, ECAJ co-chief executive Peter Wertheim said the case was “a test of whether rank antisemitism, whichever way it might be dressed up, falls into the category of views that members of the community are now expected to put up with”.
He added, “It’s a tragedy when our institutions fail us and citizens are left to fend for themselves, by having to pursue a private remedy for a public wrong.”
ECAJ deputy president Robert Goot described Haddad’s comments as “utterly unacceptable, un-Australian, and we hope that the court will find, unlawful.”