Judges,senior lawyers present at Muslim service where Justice Desmond Fagan's decision in R v Bayda, R v Namoa (No 8) was undermined
by Ganesh Sahathevan
The judiciary is usually sensitive to reports of statements of this sort, which can undermine confidence in the judicial system.As reported by the SMH, 8 February 2019:
The SMH reported on 17 January 2019:
Judge calls on Muslims to publicly disavow violence in Koran
A NSW Supreme Court judge has called on Muslims to publicly disavow violent verses of the Koran that he says have been used by Islamic extremists to support terrorism in Australia.
Justice Desmond Fagan said the lethal messages derived from "hostile passages" of the Koran were not effectively countered by suggestions from "various quarters" that the verses had been "cherry picked" or that Islam was an "interpretive religion".
"The incitements to violence which terrorists quote from the Koran cannot just be ignored by the many believers who desire harmonious coexistence. Those verses are not ignored by terrorists," Justice Fagan said.
He said there were sometimes assurances offered to Western communities that “Islam is a religion of peace”.
Meanwhile the President Of The Court Of Appeal , the Governor designate Margaret Beazley AO''s speech on the compatibility of sharia and the common law remains archived on the NSW Supreme Court website:
The intersection of Australian law and the Islamic faith:a selection of casesAffinity Intercultural FoundationThe Hon Justice M J Beazley AO1
Additionally, it is close to that time of the year when Chief Justice Tom Bathrust himself leads a delegation of judges to a mosque to attend a Muslim service to mark the beginning of the Legal Year:
NSW Chief Justice Tom Bathurst takes judges to mosque in community reach-out
What is the public to expect if matters such as these go on appeal?
END
The judiciary is usually sensitive to reports of statements of this sort, which can undermine confidence in the judicial system.As reported by the SMH, 8 February 2019:
On Thursday evening, high-profile members of the legal profession and the judiciary, including NSW Supreme Court and Federal Court judges, attended an Islamic Service to mark the opening of the 2019 Law Term at the Auburn Gallipoli Mosque in Sydney.
The president of the Law Council of Australia, Arthur Moses, SC, said the Islamic Service was "a significant occasion for both the legal profession and the community" and it was "important that there is communication and understanding of the Islamic faith in Australia’s legal profession and the judicial process".
"Without referring to or passing comment on any recent case, I make the observation that we must ensure that the criminal actions of a few are not used to unfairly judge, discriminate against or condemn a whole community and religion and that those who break our laws are the ones that pay the price and bear the punishment – not others wrongly implicated by association. Ultimately, we are one community," he said.
Despite Moses' attempt at not "referring to or passing comment on any recent case" the headline and lead paragraphs in the SMH report shows clearly that everyone knew exactly who and what he was referring to:
The peak body for the legal profession in Australia has called for better "communication and understanding of the Islamic faith" by lawyers and judges, days after a NSW Supreme Court judge courted controversy by urging Muslims to publicly disavow violence in the Koran.
Justice Desmond Fagan, who has presided over a number of terrorism-related cases, said last weekthe "unqualified acceptance" of the Koran by Australian Muslims "without explicit repudiation of verses which ordain intolerance, violence and domination ... will embolden terrorists to think they are in common cause with all believers".
Fagan J's judgement is an important step in the recognition of passive support for jihadis and other terrorists. It is a pity his brother and sister judges, and lawyers of his Court do not comprehend it.
END
by Ganesh Sahathevan
Grand Mufti of Australia Dr Ibrahim Abu Mohamed has rejected calls from a NSW Supreme Court judge to disavow verses in the Koran.':You don’t ask to disavow medicine if some doctors exploited it, you don’t ask to disavow law if some lawyers misused it.'
AAP
The SMH reported on 17 January 2019:
Judge calls on Muslims to publicly disavow violence in Koran
A NSW Supreme Court judge has called on Muslims to publicly disavow violent verses of the Koran that he says have been used by Islamic extremists to support terrorism in Australia.
Justice Desmond Fagan said the lethal messages derived from "hostile passages" of the Koran were not effectively countered by suggestions from "various quarters" that the verses had been "cherry picked" or that Islam was an "interpretive religion".
"The incitements to violence which terrorists quote from the Koran cannot just be ignored by the many believers who desire harmonious coexistence. Those verses are not ignored by terrorists," Justice Fagan said.
He said there were sometimes assurances offered to Western communities that “Islam is a religion of peace”.
Meanwhile the President Of The Court Of Appeal , the Governor designate Margaret Beazley AO''s speech on the compatibility of sharia and the common law remains archived on the NSW Supreme Court website:
The intersection of Australian law and the Islamic faith:a selection of casesAffinity Intercultural FoundationThe Hon Justice M J Beazley AO1
Additionally, it is close to that time of the year when Chief Justice Tom Bathrust himself leads a delegation of judges to a mosque to attend a Muslim service to mark the beginning of the Legal Year:
NSW Chief Justice Tom Bathurst takes judges to mosque in community reach-out
What is the public to expect if matters such as these go on appeal?
END
Posted 1 week ago by Anonymous
by Ganesh Sahathevan
(Source: Formation and Dissolution of Terrorist Cells:A Process Model and Simulation;Introduction and Executive Summary)
See first :
What is AG Speakman, responsible for keeping us safe from terrorism ,doing about passive supporters of terrorism?
ISIS recruitment & training in Australia-An example of passive support for jihadi activities
Now see,this excerpt from the recent decision of the Supreme Court NSW in R v Bayda ; R v Namoa (No 8) [2019] NSWSC 24
which is worth reading in full:
Terrorists’ reliance on verses of the Quran to support an Islamic duty of religious violence has been seen with more or less clarity in a number of NSW and Victorian cases: see R v Khaja (No 5) [2018] NSWSC 238 at [72]- [78], [98], [101], [122]. The many Australian Muslims who wish to live in peace with the whole community may reflect that if Islam accepts the entire Quran as Allah’s eternal instruction to believers, without explicit repudiation of verses which ordain intolerance, violence and domination, that unqualified acceptance will embolden terrorists to think they are in common cause with all believers and indeed that they are the spearhead of the religion. The scriptural support for the terrorists’ perceived obligation of jihad cannot be rebutted by Australian courts or law enforcement authorities. If the verses upon which the terrorists rely are not binding commands of Allah, it is Muslims who would have to say so. If Australian followers of the religion, including those who profess deep knowledge, were to make a clear public disavowal of these verses, as not authoritative instructions from Allah, then the terrorists’ moral conviction might be weakened.
END
What is AG Speakman, responsible for keeping us safe from terrorism ,doing about passive supporters of terrorism?
ISIS recruitment & training in Australia-An example of passive support for jihadi activities
Now see,this excerpt from the recent decision of the Supreme Court NSW in R v Bayda ; R v Namoa (No 8) [2019] NSWSC 24
which is worth reading in full:
Terrorists’ reliance on verses of the Quran to support an Islamic duty of religious violence has been seen with more or less clarity in a number of NSW and Victorian cases: see R v Khaja (No 5) [2018] NSWSC 238 at [72]- [78], [98], [101], [122]. The many Australian Muslims who wish to live in peace with the whole community may reflect that if Islam accepts the entire Quran as Allah’s eternal instruction to believers, without explicit repudiation of verses which ordain intolerance, violence and domination, that unqualified acceptance will embolden terrorists to think they are in common cause with all believers and indeed that they are the spearhead of the religion. The scriptural support for the terrorists’ perceived obligation of jihad cannot be rebutted by Australian courts or law enforcement authorities. If the verses upon which the terrorists rely are not binding commands of Allah, it is Muslims who would have to say so. If Australian followers of the religion, including those who profess deep knowledge, were to make a clear public disavowal of these verses, as not authoritative instructions from Allah, then the terrorists’ moral conviction might be weakened.
END
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