It’s been a catastrophe for the bad guys

In mid-2015 I faced being hit with over $1 million in fines. And the prospect that if I ever spoke about marriage, family or morality again that I would face jail for contempt of court.

Tess Corbett, a Victorian grandmother, was facing jail for contempt of court.

John Sunol, a brain-damaged man from Newcastle was almost destroyed and he was bankrupted.

Garry Burns was riding high.

In the hard slog that followed, the New South Wales Crown Solicitor’s Office threatened to bring contempt proceedings against me for writing about breaches of the New South Wales Civil and Administrative Tribunal’s (NCAT) code of conduct by Magistrate Nancy Hennessy. And my own solicitor was almost forced out of practise by the New South Wales Law Society.

Since then:

  • Garry Burns has been bankrupted;
  • The New South Wales Anti-Discrimination Board (ADB) has been forced to admit that Garry Burns lodges vexatious complaints;
  • Garry Burns has been found by the New South Wales Civil and Administrative Tribunal (NCAT) to have made statements against my solicitor that ‘were untrue and without foundation’ and that these statements were ‘malicious, insulting and offensive’ and that they, prima facie, were capable of constituting contempt;
  • The New South Wales Law Society action against my solicitor was dismissed with costs;
  • The ADB has admitted to me in writing that it has failed to meet its own statutory duties under the Anti-Discrimination Act 1977 (NSW);
  • Law reforms have been commenced by Mark Latham in the New South Wales parliament to address systemic abuses by the ADB;
  • The New South Wales anti-discrimination system has been found to be unconstitutional by the High Court of Australia;
  • Magistrate Nancy Hennessy has been forced to recuse herself from matters involving Garry Burns after evidence was presented that she had been involved in private conversations with him. She is no longer responsible for the section of the Tribunal that deals with anti-discrimination matters.

Prior to this, Magistrate Hennessy had ruled in ten decisions involving Garry Burns. In all of them she ruled in his favour.

This amounts to a remarkable turnaround. Indeed, it amounts to a catastrophe for the anti-discrimination industry in New South Wales.

Yet you most probably have not heard a single word about this in the mainstream media. There has hardly been any coverage of this farce, although I do wish to thank the following journalists and presenters for having the courage to provide some coverage:

  • Nicola Berkovic of The Australian;
  • Steve Austin of ABC Brisbane radio;
  • Ben Fordham of 2GB;
  • Miranda Devine and Clarissa Bye of The Daily Telegraph; and
  • Andrew Bolt at Sky News.
  • Neil Johnson at Vision Christian Radio; and
  • Marilyn Rodrigues of The Catholic Weekly.

Taking stock at the present time, it is clear that what we have been able to achieve is, indeed, enormous.

It is proof that conservatives can win. It is also proof that those who attack us do so with complete disregard for the rule of law.

We are the side of order. They are side of capriciousness and chaos.

But the battle is still not over.

I still face four complaints from Garry Burns in three matters currently before the New South Wales Local Court. There are several reasons why these matters should be dismissed, even without Garry Burns’ bankruptcy. But there is still a process to go through, including hearing a motion I filed two years ago for security for costs in these matters.

I am also involved in an appeal within NCAT relating to Burns’ complaints seeking to have them dismissed.

And just yesterday my legal team filed submissions in reply in an application for special leave before the High Court of Australia. It seeks leave to appeal to the High Court to determine the validity of Part 3A of the NCAT Act, which was rushed through New South Wales parliament in response to my victory against the constitutional validity of the previous system.

This bizarre law, passed years after Burns lodged his complaints and in a state I do not even live in is the only reason I am still in court at all.

I also have commenced proceedings to examine Garry Burns’ financial affairs. This process could be explosive.

However, I do not wish to pre-empt the outcome of any of these matters and it is important to note that there is still work to be done.

And when these battles are fought and, hopefully, won there will be no time to rest. That is when the real war will begin.

The Anti-Discrimination Board needs to pay for its central role in this shambles. It is only when individuals in that organisation are held accountable that we can truly declare victory.

I will not rest until that happens.

In the meantime I thank you for your prayers, support, encouragement and generosity. The victories achieved to date have only been possible with your help.

Author: Bernard Gaynor

Bernard Gaynor is a married father of eight children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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24 Comments

  1. This struggle reminds of a good old English hymn I’d like to share with you which, I think is relevant for you Bernard.

    Onward Christian soldiers!
    Marching as to war,
    With the cross of Jesus
    Going on before.
    Christ, the royal Master,
    Leads against the foe;
    Forward into battle,
    See, His banners go!
    Onward, Christian soldiers!
    Marching as to war,
    With the cross of Jesus,
    Going on before.
    2
    At the name of Jesus
    Satan’s host doth flee;
    On then, Christian soldiers,
    On to victory!
    Hell’s foundations quiver
    At the shout of praise:
    Brothers, lift your voices,
    Loud your anthems raise!
    3
    Like a mighty army
    Moves the Church of God:
    Brothers, we are treading
    Where the saints have trod;
    We are not divided,
    All one Body we—
    One in faith and Spirit,
    One eternally.
    4
    Crowns and thrones may perish,
    Kingdoms rise and wane;
    But the Church of Jesus
    Constant will remain.
    Gates of hell can never
    ’Gainst the Church prevail;
    We have Christ’s own promise,
    Which can never fail.
    5
    Onward, then, ye people!
    Join our happy throng;
    Blend with ours your voices
    In the triumph song.
    Glory, laud and honor
    Unto Christ, the King;
    This through countless ages
    Men and angels sing

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  2. Perhaps you could give Luke KcKee some credit for his part in all this?

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    • oops , typo, McKee.
      can’t you edit comments on here?

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  3. It is great that there is light / victory in sight in these matters, thanks for your courage and resolve, love your motto to Stand Tall, Fight Hard.

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  4. You and your family’s resilience in these matters is nothing short of amazing. Someday many others will appreciate your enormous efforts in this fight for freedom and decency.

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  5. In mentioning Magistrate Hennesy you have exposed a part of the deep corruption throughout our political-judicial system, a system that knows only too well how to cover its mistakes that become known to the public.

    The most obvious question regarding Hennesy is – why is she still sitting at the bench? I thought Pat O’Shane was one of the ‘establishments’ best ‘advertisements’ as a sitting magistrate. A person who was so heavily biased against police that I knew of officers who simply refused to attend her court.

    Political appointments have become so open to corruption I believe well past time that we elected all of our officials, at least then, they would be publicly accountable.

    Good luck with it all Bernie, you have my continued support.

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  6. I may be an atheist Bernard, but I am so glad you stuck to your guns and your God. All the best for the future.

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    • VERY interesting and great news. I’m a Catholic myself Russell, but the following response by the Irish Sisters of Mercy to lies by false accusers against their own colleagues is ALMOST enough to make me an atheist: “The Decadence of the Sisters of Mercy”
      https://irishsalem.blogspot.com/2020/02/the-decadence-of-sisters-of-mercy.html

      Their idiot response is, in fact, linked to a particular interpretation of Christianity.
      In contrast – Good for Bernard!

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    • Russell,

      I would describe myself as an ‘arch’ Protestant. Bernard’s struggle is an example of a real Christian muscling down & fighting the good fight. Bernard has put his faith in Christ & Christ has answered not only his but also the prayers of many across the broad spectrum of the Christian Faith.

      Travel well & keep Covid safe.

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  7. Insert MASSIVE grin here….

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    • Fantastic result Bernie and things should never have got this far.
      If ever there was a need for a Royal Commission it is this.
      You would be a worthy member of parliament but after your experiences
      with the Liberals in NSW I guess that is not part of your ambitions.
      It would be interesting to get Mark Latham’s comments on this outcome.

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    • Bernard I fully agree with your assessment. When trying to define an operating problem – and being an engineer I have been trained in “troubleshooting” – it is important to identify the true cause. The serial complainant Garry Richard Burns was an immediate cause, but not the root cause of all this costly and unnecessary litigation. It was aimed at destroying you for who you are, for what you know, and for your religious convictions that they say must not be publicly stated. Their aim was to silence you, to get you to publicly apologize for your comments, and to “take a knee” (‘black lives matter’ style) to show respect and support for the homosexual agenda that wants to redefine marriage and human sexuality. As you say, the Anti Discrimination Board must be held to account. The corruption started with its first President Mr Christopher Puplick (see link below). The Anti Discrimination Board are the spearhead of the homosexual agenda in New South Wales. Their activist staff are one of the root causes of the crazy lawfare inflicted upon you and your family. The 49ZT case law used against you – defining social media comments as a “public act” – was originally created by deception and fraud, starting in 2003. That was under the supervision of the aforementioned corrupt president. In 2003 they stitched up a poor taxi driver to be the first 49ZT social-media case-law donkey. He was known to be a fundamentalist Christian, a supporter of Fred Nile, and affected by the remnants of acquired brain injury. Mark Latham mentioned his name in his February 27 speech to the NSW Parliament. They recruited a bunch of professional trolls (ZGEEK – google it) to provoke the poor disadvantaged guy, who would reply to their provocations with angry (deemed “homophobic”) outbursts in personal emails. ZGEEK would then post his private messages to them on to his own public ‘yahoo’ blog. Then – in a test case – he was charged under 49ZT for the “public act” of disseminating his own homophobic comments on social media. In the 2004 public hearings, unrepresented, he was bewildered by the proceedings and incapable of mounting a coherent defense. The applicant in the tribunal hearing – who was the treasurer of the Gay & Lesbian Mardi Gras Committee at the time, was represented by a barrister and had prior legal strategizing & advice from solicitors at the ‘Inner City Legal Centre’ and also at the ‘Public interest Advocacy Centre’ These LGBT solicitors provided their services pro bono to the complainant on the condition that if costs could be got from the respondent, then they would take the proceeds to cover their time expended. The complainant did ask the presiding member of the tribunal that the respondent pay his legal costs amounting to $60,000. What a 180-degrees reversal of PIAC’s mission statement! It reads “PIAC is an independent, non profit law and policy organization dedicated to obtaining social justice for disadvantaged individuals and at the broader, systemic level”. What hypocrisy. The only disadvantaged individual in that 2003 case was the poor taxi driver who they used as a pawn in their test case. The case-law thus created would see 49ZT extended to random social media and discussion forum comments. Garry Richard Burns later built a career on using that case-law to feed the Anti Discrimination Board with hundreds of complaints about deemed homophobic comments he sought out from the internet. It’s going to be interesting for you Bernard Gaynor if you can sequester his bank statements. That is because, as you would perhaps know, his usual modus operandi was to lodge a complaint to the Anti Discrimination Board, who would always accept it. Then after the letter from the Anti Discrimination Board had been sent out, he would write to the unfortunate victim and offer to withdraw his complaint in exchange for $10,000 “settlement” paid into his personal bank account. I wish you luck getting those bank statements.

      Now back to causes of the problem. As we concluded, Burns was the immediate cause of your woes. But in reality he was always going to be the “fall guy”. A root cause of the problem is activists with bums on seats at the Anti Discrimination Board, and the President must be now made accountable for this corruption and dereliction of statuary obligations. The complaints should have been properly conciliated and investigated and not simply flicked to a civil law tribunal for costly litigation. This litigation has cost taxpayers millions of dollars for the thousands of tribunal hours and bought distress and hardship to innocent people who simply expressed their thoughts on social media. But when we look deeper into the problem we find another root cause, and that is the particular law itself, section 49ZT. It has been shown to be unworkable and unnecessary in the Internet age. That law should be repealed by the NSW parliament after this public scandal, but that might be politically difficult. In the mean time we hope and pray that Mark Latham’s Bill gets implemented, as a good start, to stop this LGBT vexatious litigation and abuse of the judicial system.

      https://fifthestatepress.com/stories/the-daily-telegraph-may-2-2003-discrimination-p-20200214

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  8. Thank you Bernard for your tireless efforts and immense self-sacrifice. Please thank your legal team for their ongoing support, and your entire family for keeping you strong and sane throughout all of this.

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  9. Your strength and persistence in the battle against Burns and the NSW ADB are magnificent. Thank you for all you have done.

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  10. You’re an incredible man Bernard. And I am so grateful for your strength to carry on this fight.
    Thank you

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  11. Have been following your struggles for many years. Great to atlast see a successful outcome.

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  12. Hi Bernard I have been following you since 2014, is there anyway we can crowdfund your latest legal struggles?

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  13. It is hard to comprehend the pressure you have been under since 2014. We are all grateful that you have fought back and defended our freedom from malicious prosecution.

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  14. Congratulations, Bernie. It’s about time. Please pursue Burns with vigour, especially assets that may redress injustices to John Sunol and yourself. Mr Sunol deserves to be reimbursed in full as do all Burns’ victims. He must be made to make recompense for pain, suffering and inconvenience caused. Along with the ADB.

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    • Very well said, agree 100%.

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  15. Very pleased that you are having some well-deserved success at last. May it continue to complete victory. Our Society/Country is in a sad state of turmoil at the moment. It is pleasing to see some activist/Marxist/’progressive’ elements being brought to heel.

    I admire your efforts and tenacity, and the strength your family must possess.

    Muzz

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  16. Thank you Bernard for your services and sacrifice on behalf of all Australians.

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    • Feel for all the victims of these marxist bodies. We need a major clean out, starting with those politicians supporting this stuff.

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