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Freedom of Speech
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Gaiaguys did not remove the material
The OTO then went back to the Tribunal, on the basis that the Gaiaguys were 'in contempt' of the Tribunal for not removing the material from their website.
The Tribunal issued a warrant for their arrest on 3rd October and they were brought to Melbourne for a hearing on 27 November 2007.
The OTO media release says that FOUR police were sent from Victoria to NSW to bring them to Victoria!
Question: Who is paying for all this? Answer: You and I!
Devine and Legg were asked if they would remove the material and they declined.
They were ordered to attend VCAT the following day - they did not appear.
The Tribunal Member, Judge Harbison, found them guilty of contempt and ordered them to serve NINE MONTHS in prison (she had the power to sentence them to up to FIVE YEARS!)
She noted they had the ability to 'purge their contempt' (apologising or complying with the Tribunal's ruling.)
Decision at http://www.austlii.edu.au/au/cases/vic/VCAT/2007/2470.html
During January Dyson Devine and Vivienne Legg were arrested in NSW and brought to Melbourne and put in prison.
They both remain in prison but have both been moved to country medium security prisons.
The hearing next week will determine what happens to them. They could apologise or seek to appeal to the Supreme Court - or stay in prison!
As we said above, we do not support all the statements made by Gaiaguys - or their decision not to attend the Tribunal.
But the question remains - what is the jurisdiction of VCAT?
If it stretches to NSW, does it stretch overseas as well?
AND back to the original question....
Can a person be sent to jail for not complying with the Racial and Religious Tolerance Act?
The answer is YES.
We still believe the Racial and Religious Tolerance Act is unnecessary and divisive and should be repealed.
Robust debate on a wide range of issues is needed now more than ever.