Mitsoulis Guilty of Using a Carriage Service to Threaten, Menace,
Harass or Offend
A Shoalhaven man who threatened to hunt down a 2GB talkback radio host
became the first person to be sentenced for email crimes linked to the
Cronulla riots and perhaps the first person to be sentenced for using a
carriage service (internet connection) to harass, threaten, menace or
offend. Using names such as 'Street Criminal' and 'Instigator', Nick
Mitsoulis fired off emails after objecting to on-air comments about
people of Lebanese descent. He wrote "I am going to hunt you down after
your shift U better have eyes behind your head Nazi". A former computer
technician, Mitsoulis must have known his identity would be discovered
after sending the emails. A google search of the name 'Nick Mitsoulis'
reveals some interesting facts about him. This case, heard in Nowra
Local Court on 14th March, sets a precedent in the area of internet
crime in N.S.W. Contributors to All need to be aware of the case, which
resulted in Mitsoulis being fined $3000 for each offence.
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Prominent Sydney Taxi Driver Loses Court Case against 2GB
Faruque Ahmed is a well known contributor to Sydney Indymedia, and
numerous other global IMC sites. He was recently involved in court
action against a leading news and talkback radio station and lost.
Faruque Ahmed's posted material generally falls into one of two
categories, taxi driver advocacy and more frequently, anti-Israel
lobbying. The former stems from his occupation as a taxi driver. The
latter is his more controversial side, with his many posts also
including references to "Zionazis" (sic), the "Zionised (sic)
Judiciary" and so forth. These border on, and frequently cross over the
line into outright anti-Semitism, examples of which have frequently
been raised. Often, the two broad categories are intertwined, with
baseless claims by Mr Ahmed that the taxi industry and media reporting
thereof is being manipulated as part of some global Zionist conspiracy
(one such example here).
Faruque Ahmed sued Sydney radio station 2GB late last year. His public
statement, made on the old Sydney Indymedia site (and other
international IMCs) may be found here.
An excerpt follows (formatting corrected):
1. I was a long-standing and valued contributor of Radio 2GB. I used to
speak on average at least 6 times a week. Radio 2 GB's own records
will substantiate my claims contrary to the mean spirited and evasive
11th June 2002 letter of Ms. Merryn Vincent.
2. Things changed since the election of Arial (sic) Sharon, appointment
of a
New York Public Relations agent to spin for Israel and I went on to
expose Israeli war crimes and genocide's (sic) in 2GB.
3. Firstly Jim Ball and then other announcers of 2GB falsely started to
claim, "we can not put you on the air because of your poor English" yet
they did exactly that after 12 years of my contribution
with compliment rather than complaint. As I mentioned earlier, Jim Ball
and his "Jewish" wife praised me on air on many occasions. However,
2GB changed it's (sic) attitude and refused to give me air time
consistent
with reasons mentioned in point 2.
As noted by the Indymediawatch blog, it is unclear what announcer Jim
Ball's wife's Judaism has to do with anything, though it may be assumed
on past form, this formed part of Ahmed's motivation. It is also
unclear how Israel had perpetrated "genocides in 2GB" or on what basis
Mr Ahmed ''exposed this.
Faruque Ahmed took 2GB to the Administrative Decisions Tribunal's Equal
Opportunity Division suing them for their content on the basis of
alleged racial vilification and demanding he be allowed back on air.
This case has significant implications not only for Faruque Ahmed, but
others who would seek to use media broadcast to peddle their own views,
which are considered unsavoury by the media outlet in question. It is
assumed that Ahmed was blacklisted by 2GB for espousing similar views
to those he had hitherto expressed online. It is further assumed the
excuses given to Ahmed (and quoted by him) were merely that, and the
real reason was more simple, however they did not wish to engage in
further debate with him.
Faruque Ahmed lost the case and the application was dismissed. The
original judgement may be found on the ADT's website . It remains to be
seen whether 2GB will attempt to recover their costs from Mr Ahmed
however the Court granted them leave with which to do so.
As the ADT page will ultimately vanish into their archives, an
unaltered copy of the judgement is appended below. Mr Ahmed could not
be reached for a comment.
--------------------------------------------------------------------------------
CITATION:Ahmed v Macquarie Radio Network (Radio Station 2GB) [2006]
NSWADT 89
DIVISION:Equal Opportunity Division
PARTIES:APPLICANT
Faruque Ahmed
RESPONDENT
Macquarie Radio Network (Radion Station 2GB)
FILE NUMBER:051058
HEARING DATES:5/09/2005 & 9/12/2005
SUBMISSIONS CLOSED:12/09/2005
DATE OF DECISION:
03/27/2006
BEFORE:Needham J SC - Judicial Member; Antonios Z - Non Judicial
Member; Weule B - Non Judicial Member
APPLICATION:Racial - Vilification
MATTER FOR DECISION:Principal matter
LEGISLATION CITED :Anti-Discrimination Act 1977
CASES CITED:Khan v. Commissioner, Department of Corrective Services &
anor [2002] NSWADT 131
Veloskey & anor v. Karagiannakis & ors [2002] NSWADTAP 18
Western Aboriginal Legal Service v. Jones & anor [2000] NSWWADT 102
REPRESENTATION:APPLICANT
In person
RESPONDENT
K Eastman, barrister
ORDERS:1.
The application is dismissed; 2. Liberty to the respondent to relist
the matter before the Tribunal on the question of costs
PUBLISHED DATE: 27/03/2006
REASONS FOR DECISION
The Complaint
1 The applicant lodged a complaint
with the Anti-Discrimination Board on 16 May 2002, alleging
discrimination on the grounds of racial discrimination by the
defendant, a radio broadcaster. Part of that complaint, which related
to a broadcast by Mr Jim Ball, on 12 September 2001, was not accepted
by the President of the Anti-Discrimination Board as it did not
indicate any contravention of the provisions of the Anti-Discrimination
Act,
1977 ("the Act"). The balance of the complaint, which related to a
broadcast in the early hours of 14 May 2002, was accepted as it
appeared to fall within s 20C(1) of the Act.
2 The President of the
Anti-Discrimination Board received a response to the complaint by the
broadcaster, including a tape of the broadcast, and declined the
complaint as "lacking in substance" pursuant to s 90(1) of the Act.
Specifically, the President said:-
"... to constitute unlawful vilification
under s 20C of the ... Act, the broadcast on 14 May 2002 would have to
have been such that a reasonable listener, to the broadcast, would have
been incited to hatred towards, serious contempt for or severe ridicule
of a person or group of persons on the ground of their race. ... The
information provided by Mr Ahmed was not ... sufficient to substantiate
his claims of unlawful vilification under the Act".
3 On 17 March 2005 the applicant requested
that the matter be referred to the Equal Opportunity Division of the
Administrative Decisions Tribunal pursuant to s 91(2) of the Act.
4 The matter was heard on 5 September
2005, when the applicant requested an adjournment. As the basis for the
adjournment was a matter which had been canvassed at previous
directions hearings, and the respondent would have been prejudiced by
the adjournment, it was refused. Documents were tendered and a witness
called for the respondent, there being no witnesses for the applicant
being required for cross-examination who were present to give such
evidence available on that day. The applicant then sought a further
adjournment, based on health reasons, which was granted. Unfortunately,
there was a delay of over three months before the matter could be
relisted, on 9 December 2005. The hearing proceeded and concluded on
that day.
5 The Tribunal accepted the tape
into evidence and listened to the tape. It was agreed at the hearing
that the transcription provided by the respondent was the more accurate
version. The caller was an unidentified woman and the tape reveals that
she spoke carefully, rather than heatedly. The relevant parts are as
follows:-
Caller: Its
so hypocritical actually to state that umm, it is such a pure society
because it is not, right, it is not at all, just the same as the
Christian isn't because, I've got a book there and the dictionary
of
politics. I used to read it in, ah, I think it was about in 1957
perhaps, a dictionary of the world anyway
Jim Ball: mmmm..
Caller: ...
and politics and the countries of the world and the Muslim societies,
now particularly Iran and where a lot of these people are coming from,
look two thirds of them are addicted to what they were growing, opium.
Do you know what I mean, it's so hypocritical to assume that ah for
Jim Ball: Well
that's right. I mean, you look at Afghanistan it's where the
biggest
producers of umm and growers, growers of poppy and producers of opium
in the world.
Caller: Exactly
and the lifestyle was such and still remains such that the majority of
people just peddle their goods ah, along with each other and people who
came to the ports or trade you know, this is a culture, way of life and
then just sitting down most of the day in groups smoking opium, heroine
or whatever derivatives of all those substances. Doing things in their
own time as they please, no law, no law at all. Answer to nobody
except, you know, whoever is a bit more powerful than the other.
Jim Ball: Mmm, mmm.
Caller: You
know, tribal type of situations, you know. But you do not, umm get in
there and say well look we're going to build the nation, we're
going to
start from scratch, we're going to become totally civilized and then
educate everybody, you see. Umm this is all very well to umm, portray
that the, the Muslim religion umm, is a culture and all the rest of it.
Umm, you see its got so many flaws, you know, you go back over the
centuries and the flaws are there today, just the same as our flaws
have become entrenched, the last thirty years, particularly at this
particular moment, we've become, uh we've allowed this uncivilized
lifestyle
Jim Ball: mmm
Caller: to
come in and this is not on. That is not our culture you see now, I
mean, I'm swerving off the point about, when I'm looking another
thing
that was made today with Lois O'Donoghue, umm, stating everything in
their problems more or less, or well you know abuse of substances was
the white settlement. Now look my people were here with the white
settlement and none of them have ever abused, they don't even drink
alcohol, they might have wine once a year.
Jim Ball:
Well, Lois O'Donoghue, that's the last one that should be talking
because she, [Caller: That's right] she admits that the was umm,
removed as a child and she's done very nicely out of being removed as
a
child. So, she's done ...
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