Training (No 2) [2009] NSWADTAP 20 at [37]. Applying that test, we have
reached a different view from that reached by the Tribunal in relation to
similar publications in the Tribunal's 2012 decision.
61 We accept that there is more than one reason for Mr Sunol making these
comments. He has the unshakeable belief that the "leaders" of the Mardi Gras
have engaged in criminal activities. The Mardi Gras is an event run by
homosexuals and, although Mr Sunol denies it, that fact has contributed to his
belief about their engagement in criminal activities. It is one of the real,
genuine or true reasons for the incitement. He singles out Mardi Gras leaders
as the place to start when investigating these alleged criminal activities and
implies that they are even more culpable than some Catholic priests ("how
much more these criminals that run that Sydney Gay and Lesbian Mardi
Gras").
62 This publication constitutes homosexual vilification.
Second publication
63 The second publication alleges that criminal activities are taking place "in the
Gay and Lesbian Mardi Gras and associated events". Mr Sunol does not single
out the leaders of the Mardi Gras but makes more general allegations. Writing
that "the real criminals" in the area of child paedophilia "harbour themselves"
in the Mardi Gras and urging that a Royal Commission investigate potential
child paedophilia in the Mardi Gras has the capacity or effect of inciting hatred
or serious contempt in an ordinary internet user. The implication is that
homosexuals are seeking refuge in the Mardi Gras and are free to commit the
abhorrent criminal act of child paedophilia in that environment. Mr Sunol is
again urging, not just an investigation, but a Royal Commission.
64 These comments are directed to people participating in the Gay and Lesbian
Mardi Gras and associated events, namely the Sleaze Ball. One of the real,
true or genuine reasons for making these comments is the homosexuality of
the people participating in these events.
65 This publication constitutes homosexual vilification.
Third publication
66 The third publication is a YouTube video of Mr Sunol engaging in a monologue
expressing similar sentiments to those in the third publication. He states that
the Mardi Gras is "full of paedophiles that do wicked things, full of drug
dealers that do wicked things" and that these acts need to be investigated.
Even without the adjective "wicked" in the second passage, the seriousness
and abhorrence of the alleged crimes satisfies us that those words are
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents