We welcome today's decision from the Federal Court to strike out the entire defence filed by Mark Latham and also to order costs against him.
Our client's case is that Mr Latham defamed him including by suggesting that he had incited or encouraged terrorist violence. As the court's decision makes clear, many of Osman Faruqi's tweets:
"are plainly intended to be little more than a humorous or satirical commentary on specific events or happenings in the media or Australian society, albeit from the perspective of a minority group."
Our client Mr Faruqi is a strong supporter of robust debate, but what occurred in this instance were baseless and dangerous attacks from Mr Latham that crossed a clear line.
Mr Latham has argued that Mr Faruqi has sought to vilify white people. Today's decision has also dismissed that argument, noting:
"As for the first question, upon close analysis, the 164 tweets which are extracted in isolation and out of context, in Schedule II, are simply not reasonably capable of supporting the assertion or conclusion that Mr Faruqi demonises or vilifies white people, let alone incites or encourages violence against them."
Mr Latham must now decide whether he will continue to try and defend this matter.
Josh Bornstein, Principal at Maurice Blackburn Lawyers acting for Osman Faruqi