ECAJ leaders sue hate preacher in Federal Court

ECAJ statement on legal proceedings under Part IIA of the Racial Discrimination Act 1975 against Wissam Haddad (aka Abu Ousayd) and Al Madina Dawah Centre Incorporated.

The Executive Council of Australian Jewry (ECAJ), the peak body representing the Jewish community nationally, today announced that proceedings have been commenced in the Federal Court of Australia against a self-described Islamic preacher, Wissam Haddad (aka Abu Ousayd), and a religious centre, Al Madina Dawah Centre Incorporated, located in western Sydney, over speeches that were allegedly made at the centre late last year, recordings of which have been uploaded online.

The proceedings have been brought by the ECAJ’s co-CEO, Peter Wertheim AM, and Deputy President, Robert Goot AO SC (the applicants), under the provisions of Part IIA of the Racial Discrimination Act 1975, which prohibit offensive behaviour based on racial hatred.

The documents filed with the court 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”.

The applicants are seeking, among other things, 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 Al Madina Dawah Centre Incorporated; and an order for costs. No order for damages or monetary compensation is sought.

ECAJ co-CEO, Peter Wertheim said:

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.

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.

Australia has long enjoyed a reputation as a multicultural success story where people of many different faiths and ethnic backgrounds have for the most part lived in harmony and mutual respect. We are all free to observe our faith and traditions within the bounds of Australian law, and that should mean we do not bring the hatreds, prejudices and bigotry of overseas conflicts and societies into Australia.

Maintaining and strengthening social cohesion is the role of governments and government agencies, but lately they have failed us. 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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