A NSW-based blogger has been ordered to take down material from his site that described a small and mysterious religious order as a “satanic paedophile cult”. A Canberra tribunal found that the material was archetypal hate speech.
In January last year, David Bottrill complained to the ACT Human Rights Commission that he had been discriminated against because of his membership of the Ordo Templi Orientis.
He said blogger John Sunol operated a number of sites which had publicly vilified him on the basis of his religious conviction.
Mr Bottrill said the allegations made against him and the organisation were all untrue.
In the complaint, which was referred to the ACT Civil and Administrative Tribunal, Mr Bottrill said he wanted the pages removed and an apology. He later also asked for compensation.
In a decision published last month, the tribunal describes the blog posts as asserting that the Ordo Templi Orientis is a “satanic paedophile cult”, and that they had a picture of Mr Bottrill next to that description.
“In addition, ‘child rape’ and ‘boy murder’ are words used to describe [Mr Bottrill] and adherents of the OTO,” the tribunal said.
The tribunal found against the blogger and ordered he remove the posts and refrain from publishing similar content in the future.
Mr Bottrill did have the religious conviction he had described, the tribunal said, and Mr Sunol’s blog content would “incite, among other responses, hatred and contempt towards [Mr Bottrill]”.
“The acts ascribed to him and his religion were written in totally undisciplined language and with no attempt to provide any evidence that might warrant such claims. To use the vernacular, it is archetypal hate speech,” tribunal Senior Member Bryan Meagher SC said.
“As Mr Sunol, himself, said, ‘We all have our own rights to our beliefs and own religions, our own areas of theological belief. Mr Bottrill has his rights. I have my rights’.”
At the hearing, Mr Bottrill said the Ordo Templi Orientis was about 100 years old and that it had been created out of a collection of Masonic rights in Europe.
“Since about 1912 it’s been the main vehicle for promoting the religion of Thelema … It’s a religion based on revelations given to and then published by Aleister Crowley.”
The tribunal heard there were probably about 100 members of the order in Australia at any one time.
The tribunal referred to an earlier decision in a separate matter involving Mr Bottrill in which a Professor Douglas Ezzy from the University of Tasmania described the order as a small religious movement modelled on Freemasonry.
Professor Ezzy, a member of the Contemporary Pagan Studies Group and the American Academy of Religion, said he thought it was “extremely unlikely” that child sacrifice, paedophilia and cannibalism were “systemic or organisationally organised aspect” of the order.
Mr Sunol told the tribunal he did not write the offending post and therefor should not be held responsible. He said he took it down as soon as he became aware of it. He said he could not apologise to Mr Bottrill because he was a pentecostal Christian.
He also said the site had about 2400 hits a day and told the tribunal he was bankrupt, agreeing that he was immune from orders for the payment of money.
Mr Sunol eventually took the content down after Mr Bottrill contacted him.
27 March 2018
In November of 2017 Ashfield gay man Daniel Comensoli raised a gay rainbow flag on his balcony to celebrate the “ YES “ vote in the Australian Marriage Law Postal Survey.
Julie Passas, a Liberal Councillor on the Inner West Council and resident of the Cecil Street Block where Mr Comensoli lived demanded the rainbow flag be taken down because she found it offensive to her religion and culture.
It was also alleged that Passas harassed the housemate of Mr Comensoli and pressured his neighbour to contact the owner of his unit informing that owner that they ( referring to Mr Comensoli and his room mate ) were “ not good people. “
It’s also alleged a note was slid under the door of Mr Comensoli’s unit by a man named Allan Jones in error as that note was meant for Passas unit and that Passas then encouraged the maintenance man to try and retrieve the note from under the door while Mr Comensoli was at home.
Mr Jones can be contacted on 0403-015-852 for verification.
Mr Comensoli was scared in his own home because of this pernicious conduct allegedly orchestrated by the well known gay jihadist Julie Passas.
Anti-Discrimination Campaigner Garry Burns has taken legal action against Passas under the Anti-Discrimination Act 1977 ( NSW ) where a Directions Hearing will take place at 12.30pm on Wednesday 28 March 2018 at Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.
Mr Comensoli has made a statement along with a number of others in the unit block and all will attend the court and give evidence against Ms Passas over her alleged intimidation, stalking, harassment and unlawful vilification on the ground of homosexuality.
Mr Burns will subpoena all those who have signed letters and those letter writers will all have to attend court and be cross examined on what they’ve written and why and who encouraged them to write those letters.
Mr Burns alleges Passas has deliberately encouraged third parties to incitement of hatred against Mr Comensoli by getting neighbours and residents from outside the unit block to write letters that the rainbow flag hanging off Mr Comensoli’s apartment balcony was offensive.
Passas in her Affidavit to the President of the NSW Anti-Discrimination Board ( ADB ) stated she complained to the former Ashfield Commander about one of his male officers who she found offensive because unlike her he didn’t find the gay rainbow flag as offensive as the ISIS flag is a untruth because the Commander at the time was on leave.
The ISIS Flag and it’s believers calls for homosexuals to be killed by beheading and or be thrown off a roof top to their death.
Mr Burns said, “ Ms Passas you better hire yourself a good lawyer love because all of your well known homophobia is going to come back and bite you on your bottom like a pack of hungry piranha fish in a feeding frenzy and your duplicity will finally unravel like you’ve had a dose of uncontrolled flatulence.”
Mr Burns first met Ms Passas in 1993 when she was allegedly down in Ashfield Park in the early hours of the morning looking for homosexuals.
Mr Burns will also be a witness at the hearing because he has gone on the record by Affidavit setting out the events involving his knowledge of Julie Passas in 1993.
Solicitor for Passas
A self-proclaimed “out loud and proud” law firm based in Sydney’s Newtown has appeared in the High Court of Australia on behalf of Garry Burns.
Mr Burns appealed to the HCA following a determination in 2016 that despite being a victim of homophobic vilification, he had no standing to pursue the matter in the NSW Civil and Administrative Tribunal because the alleged perpetrators were not residents of New South Wales.
The gay rights activist was attempting to sue political aspirant and Katter Party of Australia candidate Tess Corbett, who made comments in the Hamilton Spectator in 2013. Ms Corbett told the publication that she did not want “gays, lesbians or paedophiles working in my kindergarten” and associated homosexuals with paedophiles.
“Paedophiles will be next in line to be recognised in the same way as gays and lesbians and get rights,” Ms Corbett was quoted as saying.
When Queensland’s Senate hopeful Bernard Gaynor later endorsed Ms Corbett’s statements, he was suspended him from the Katter Party Australia.
In January last year the NSW Civil and Administrative Tribunal found Ms Corbett’s comments had vilified homosexual people. She was ordered by the tribunal to place a public apology in the Sydney Morning Herald.
Mr Burns sought a court-imposed fine against the former candidate for the federal seat of Wannon in western Victoria when she failed to publish an apology.
On appeal, the Supreme Court of NSW said that the tribunal did not have the jurisdiction to deal with either Ms Corbett or Mr Gaynor. Mr Burns subsequently took the matter to the HCA.
Dowson Turco partner Nicholas Stewart (pictured) offered to represent Mr Burns pro bono for the costs aspect of his HCA appearance.
“This is a very technical matter and we are grateful for Garry’s instructions to act pro bono,” Mr Stewart said.
“Without Garry, the LGBTI community would be behind the times and the fact that his matter is before the highest court in our country is testament to his drive for justice for our community.”
The lawyers appeared before the court last week. [Outcome here].
Sonja Freeman, one of the lawyers at Dowson Turco, said that the firm had celebrated recent legal milestones for LGBTI rights, such as marriage equality and LGBTI rights in the Family Court. She noted that efforts to help Mr Burns’ vilification case were just as important.
“Garry Burns is a brave and unrelenting advocate of the Australian LGBTI community. He has fought tirelessly to prevent homophobic discrimination and to bring about a safer environment for the LGBTI community,” Ms Freeman said.
“We want to assist Garry to ensure that tribunals in NSW can assist victims of discrimination and vilification even when perpetrators are located interstate,” she said.
My name is Garry Burns. I am a gay Australian Anti-Discrimination Campaigner who lives in Sydney.
I have been a victim of a gay hate crime on three separate occasions suffering serious injury on one of those occasions.
My recovery has been to become a successful and prolific political activist against gay hate vilification / discrimination.
My work under the NSW Anti-Discrimination Act ( 1977 ) is public interest work. I do not seek any personal damages for myself but run those cases in the promotion of tolerance & understanding for GLBTI community.
I am now seeking special leave to the High Court of Australia in relation to Jurisdictional & Constitutional issue in relation to one of my matters.
I receive no public funding from the Federal or NSW Government’s to assist me in this work. I have been doing this work since 2002.
I fund all this work by myself but costs are escalating and I’m now seeking donations from those in the community who support the removal of discrimination / vilification against everyone regardless of sexual orientation.
I have costs to pay in relation to filing fees, ink , paper, travel expenses etc. There are fees to pay and I now need your help. I also have to pay part costs to a Plaintiff in a Court of Appeal decision that went against me earlier this year.
Any monetary help no matter how small is greatly appreciated.
Australian Marriage Law Postal Survey
The Australian Bureau of Statistics is conducting the Australian Marriage Law Postal Survey.
To participate in the survey you need to be correctly enrolled by 24 August 2017.
If you have an enrolment enquiry, call the ABS on 1800 572 113 from 8am to 8pm local time seven days a week. An operator will be able to confirm your enrolment and your postal address for you over the phone.
See Burns v Radio 2UE & Ors ( 2004 ) NSW ADT 267 or Burns v Corbett ( 2013 ) NSW ADT 227.
Just a quick check of the name of Garry Burns on LawLink case law will identify the many homosexuality vilification complaints he’s had substantiated in the Tribunal.
Garry Burns is not a lawyer but is happy to provide legal advice to those members of the NSW public who believe they may have been unlawfully discriminated against on the ground of homosexuality, either actual or perceived.
A homosexual vilification breach of s. 49ZT the complainant must establish four elements being ;
1. A public Act ;
2. Which incites ;
3. Hatred towards, serious contempt for or severe ridicule of a person or group of persons ;
4. On the ground of the homosexuality of the persons or members of that group.
Garry can be contacted on 0407-910-309 or 02-9363-0372 ;
Or leave a message for Garry and he will get back in touch with you.
Why pay thousands of dollars on a lawyer when Garry Burns can provide legal advice and also seek leave in the Tribunal to represent you without requiring a solicitor.