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Appeal by ‘Catch the Fire’ allowed

The Court of Appeal (Supreme Court) of Victoria has ALLOWED the appeal sought by Catch The Fire Ministries, Pastor Danny Nalliah and Pastor Daniel Scot.

All three justices - Nettle, Ashley and Neave - agreed that the appeal should be allowed. In particular, the argument that the Tribunal had wrongly interpreted Section 8 of the Racial and Religious Tolerance Act, the basic section that sets out the offence of religious vilification was successful.

The Court gave orders that the Tribunal orders re 'penalties' (advertisement, not saying similar things) be set aside, and that the matter be sent back to VCAT to be heard by a different judge with no new evidence.

The Court also ordered that the costs relating to the previous Tribunal hearing and the next one be decided by the Member who hears it.

The Court ordered that the Islamic Council of Victoria pay half of the costs incurred by Catch the Fire Ministries and the pastors in conducting the appeal.

Pastor Danny Nalliah and Pastor Daniel Scot welcomed the decision, as the statements made by the Justices show that the decision by Judge Higgins was flawed.

However, the process is far from over!

Click here to read the FULL decision.

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