Yesterday was a great day: a day of victory!
The New South Wales Civil and Administrative Tribunal (NCAT) dismissed three complaints lodged against me by my ‘arch-nemesis’, Gary Burns.
Yes, Churchill had Hitler, Batman had The Joker and Tweety Bird had some stupid cat. It seems I lucked out and have been lumped with Gary Burns. I don’t know if that is worse for my pride or his, but that’s how the cookie has crumbled in 2015.
Anyway, the good news is that the NCAT decided New South Wales anti-discrimination law does not apply in Queensland. This is not to say that I was not willing to defend these matters on the merits. But my legal team and I also fought very hard on this point because if we did not, it would have kept open the opportunity for people like Burns to target anyone in Australia. And you have to remember, under anti-discrimination law, the process is the punishment.
This decision has effectively resulted in all Burns’ complaints against me being thrown out. And that is a good thing because it really was all getting a bit too much. For instance, I have just recently spent a number of days responding to new complaints from Gazza. He’s all down in the mouth because I published his emails threatening to castrate me and offering my address to Islamic organisations.
Naturally, in response, Burns just did what most perpetually unsatisfied professional victims do: he ran off to the New South Wales Anti-Discrimination Board (ADB) and lodged a complaint that I had ‘victimised’ him.
You can read it here.
The President of the ADB could have thrown this complaint out. In fact, he should have. However, he did not. Unsurprisingly for an organisation that exists pretty much only to rain terror on normal people, the ADB accepted Burns’ latest offering. Then they probably all danced around some bonfire, offering thanks to pagan gods for this man who single-handedly keeps an entire brigade of the Thought Police employed at taxpayers’ expense with his constant whining.
This forced me to spend some time explaining to the President of the ADB, Stepan Kerkyasharian, that Burns had actually victimised me, threatened me with assault and had jeopardised the safety of my family, forcing us to flee like a small army of asylum seekers from one house to the next.
Given that the ADB has previously used my responses to Burns’ complaints for everything other than an investigation, I don’t know why I bothered. For example, in my very first response to the President of the ADB, I was like, jurisdiction. And the President of the ADB was like, lalalala, with fingers sticking in his ears. At least, I assume that’s what he was like. He never actually bothered to respond to me.
But I did respond to this latest bunch of complaints anyway. And right now, this crack squad of oppression is still considering whether Burns’ complaints have merit. That’s even though I did ring them yesterday to explain the NCAT’s decision in an as ‘ungleeful’ tone as I could possibly muster. I can tell you that I didn’t muster very far; the ADB, however, seemed to do ungleeful much better than me.
Anyway, I must sincerely thank you all for your support, prayers and encouragement. Please keep them up, as Burns may yet appeal this decision. But in the meantime, please enjoy this victory as if it is yours as much as it is mine. I could not have reached this point without you and it has been a team effort: a very big effort from a very big team.
I must also say that this truth has been far more consoling and pleasing to me than this ordeal has been oppressive. It has filled me with hope for the future.
Please also understand that this victory is very important, even if on the surface it appears to only be a victory by technicality. I believe it does much more than that and that it also opens up some serious chinks in the armour of those who would silence us. I have explained this in a bit more detail in the press release below which I issued this morning.
15 October 2015
NCAT ruling protects freedom from LGBT attack
The New South Wales Civil and Administrative Tribunal (NCAT) has dismissed a string of complaints from homosexual activist, Gary Burns, against Queensland-based conservative commentator, Bernard Gaynor. Mr Burns’ complaints were about articles written by Mr Gaynor regarding:
- the bullying of former Mozilla CEO, Brendan Eich, by homosexual activists,
- ADF involvement in the Sydney Gay and Lesbian Mardi Gras, and
- the behaviour of homosexuals at the Toronto Gay Pride Parade.
The ruling can be found at this link.
Mr Burns, whose website states that it is his ‘work’ to lodge anti-discrimination complaints, has filed at least 25 additional complaints against Mr Gaynor. However, the NCAT ruling found that there was no jurisdiction under New South Wales law to investigate residents of Queensland. The NCAT also found that Mr Burns was responsible for his own actions to visit Mr Gaynor’s website.
This ruling runs against the tide of previous NCAT decisions favouring Mr Burns and follows an earlier decision in July this year by NCAT Deputy President, Nancy Hennessy, recusing herself from a separate matter involving Mr Burns due to apprehended bias.
An immediate consequence of yesterday’s NCAT ruling will be that New South Wales anti-discrimination law will no longer have reach into other states and territories. Effectively, it puts an end to a number of other complaints that have been lodged by Mr Burns, including against Victorian councillor, Christine Sindt.
The NCAT decision is also likely to result in the reversal of previous rulings on complaints lodged by Mr Burns. In 2013, Katter’s Australian Party candidate, Tess Corbett, was found guilty of homosexual vilification under New South Wales law even though Mr Burns complained about comments that she made in Victoria.
Mr Burns is currently pursuing Mrs Corbett for contempt in the New South Wales Supreme Court because she has not apologised to the activist. The NCAT ruling will likely mean that Mr Burns’ contempt proceedings will fail.
Mr Burns now has 28 days to appeal NCAT’s decision to dismiss his complaints against Mr Gaynor.
A win for freedom of speech
Mr Gaynor says that the victory is an important win for free speech.
“I have fought for this country overseas for the concept of freedom. But this is the most important battle that I have ever fought and I am glad to say that it is a victory for the good guys over evil.”
“Mr Burns is a serial complainant. This ruling will put an end to his legal terrorism and an end to his abuse of these laws.”
“The ruling made it very clear that it was Mr Burns’ own decision to visit my website. It is a common sense ruling that shuts the door on activists who trawl the web looking for an opportunity to be offended so that they can make a quick buck.”
“Australians are sick of homosexual activists trying to shut down debate. Australians are entitled to hold views that homosexual conduct is immoral and they are entitled to express those views.”
“I am proud that I fought this matter so fiercely. This victory means that Australians will be less likely to face the ‘Thought Police’ if they express their views in the lead up to the plebiscite on marriage.”
Calls for parliamentary inquiry and possible legal action against New South Wales Anti-Discrimination Board
In the wake of the ruling, Mr Gaynor has also called for an inquiry into the operation of the New South Wales Anti-Discrimination Board.
“The New South Wales Anti-Discrimination Board is out of control. Its President, Stepan Kerkyasharian, has consistently failed to meet his statutory duties in regards to the complaints against me and this ruling is proof of that,” Mr Gaynor said.
“He has not investigated the complaints properly, if at all. I even have a letter stating the Anti-Discrimination Board has no documentation in regards to any investigation it conducted into these matters.”
“Further, Stepan Kerkyasharian has protected malicious conduct on the part of Gary Burns.”
“For a start, Stepan Kerkyasharian has allowed Gary Burns to lodge multiple complaints about the same matter and has even referred duplicate complaints to the NCAT. The Anti-Discrimination Board has also referred material lodged by Gary Burns to the NCAT without informing me of the material or providing me an opportunity to respond. This is a breach of the anti-discrimination laws and shows that the New South Wales Anti-Discrimination Board has no respect for legal principles of procedural fairness, natural justice or even the laws that it administers.”
“Stepan Kerkyasharian has accepted complaints from Gary Burns that have had nothing to do with me. He has also allowed Gary Burns to complain against me on the basis of comments that Gary Burns himself left on my Facebook page. Stepan Kerkyasharian has also allowed Gary Burns to lodge complaints against me even though he has admitted to trying to leave comments on my website under fake names.”
“Worst of all, Stepan Kerkyasharian has even accepted complaints that I ‘victimised’ poor Gary Burns because I published emails he sent offering to provide my address to Islamic organisations or threatening to assault me.”
“Gary Burns has not been victimised. His conduct has been disgraceful. Gary Burns has jeopardised my family’s safety and has forced us to move for our own protection.”
“The truth is that Gary Burns has been riding a gravy train facilitated by Stepan Kerkyasharian’s Thought Police. He has lodged the vast majority of homosexual vilification complaints in the history of the New South Wales Anti-Discrimination Board.”
“It is beyond a joke that Stepan Kerkyasharian has allowed this abuse of the law. Now it is time for the New South Wales parliament to thoroughly investigate the New South Wales Anti-Discrimination Board,” Mr Gaynor said.
“However, regardless of what the New South Wales parliament does, I am exploring all legal options to sue the Anti-Discrimination Board, its President and individual officers for any oppressive conduct on their parts. This part of the battle is not over.”
A team victory
Mr Gaynor also paid tribute to ordinary Australians for the victory.
“It is free for Gary Burns to lodge complaints and he gets to keep any fine imposed. On the other hand, fighting this matter over the last 18 months has cost me more than $50,000,” Mr Gaynor said.
“There is simply no way that I could have afforded these bills to defend myself on my own.”
“I would like to thank all the thousands of decent and ordinary Australians who rallied to help. This victory is as much theirs as it is mine.”
“I must also thank my legal representatives led by Robert Balzola. They have been viciously defamed by Gary Burns and have been prepared to endure rainbow contempt simply because they are upholding their profession and the concept that all people are entitled to legal representation.”
“Finally, as a Catholic, I must thank God and the intercession of the Blessed Virgin Mary. They have protected me and my family throughout this ordeal,” Mr Gaynor said.
“I was facing three fines of up to $100,000 and the prospect of being forced to apologise for my views under the threat of jail. That threat has now been removed, thank God.”