Pauline Hanson's legal team tenders video of her telling white ...

14 days ago

One Nation leader Pauline Hanson told a white senator to "go back to New Zealand", four years before she tweeted that Australia's first female Muslim senator should "piss off back to Pakistan", a court has heard.

Pauline Hanson - Figure 1
Photo ABC News

The Federal Court has been hearing a racial discrimination case brought by Greens deputy leader Mehreen Faruqi against Senator Hanson over the tweet, which was written in response to a tweet from the Senator Faruqi on the day Queen Elizabeth II died in September 2022.

Pauline Hanson has told court she has suggested others, including Derryn Hinch, to go back where they came from.(AAP: Dan Himbrechts)

On that day Senator Faruqi tweeted that she could not "mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples".

Senator Hanson tweeted back: "When you immigrated to Australia you took every advantage of this country …. It's clear you're not happy, so pack your bags and piss off back to Pakistan."

In closing submissions on Wednesday, Senator Faruqi's barrister Saul Holt KC argued Senator Hanson's tweet was "a message of exclusion" that was "plainly targeted a brown, Muslim migrant senator".

He said it used "a version of a well-known, anti-migrant, racist phrase, 'go back to where you came from'."

Pauline Hanson - Figure 2
Photo ABC News

Mr Holt said "in its simplest term this comment was a slur, it was a racially based slur" and argued the case "went to the core of the racial discrimination act".

Timothy Smartt, a member of Pauline Hanson's legal team, tendered a video of the One Nation leader telling former senator Derryn Hinch to go back to New Zealand.(ABC News: Adam Kennedy)

Earlier, Senator Hanson's lawyer Timothy Smartt tendered a video of an exchange between his client and the then independent senator Derryn Hinch on Channel Seven's Sunrise program in 2018.

In the clip Senator Hanson told Mr Hinch to "go back to New Zealand" and to "go and pack your bags and get on the next plane out of the country, that's where you belong".

Mr Smartt told the court the video was tendered because Senator Hanson had been asked under cross examination by Senator Faruqi's barrister on Tuesday "if she'd ever told a white migrant to go back to where they came from".

Section 18C of the Racial Discrimination Act states that it is unlawful for a person to commit a public act that is reasonably likely to offend, insult, humiliate or intimidate another person or a group based on the race, colour, or ethnic origin of the other person.

Pauline Hanson - Figure 3
Photo ABC News

On Tuesday, Senator Hanson told the court she did not know Senator Faruqi was a Muslim when she wrote the tweet.

'Beggars belief'

In his closing submissions Mr Holt told the court Senator Hanson's claim "makes absolutely no sense".

"For decades Ms Hanson … has been someone whose political position has been framed by being anti-Muslim, anti-Islam migration," he said.

"The notion that she did not know that the first female Muslim senator in the Australian parliament Mehreen Farqui is a Muslim is just one that beggars belief."

Senator Faruqi's barrister Saul Holt KC said his client's experience could warrant "a greater level of protection".(AAP: Mick Tsikas)

He said it was incorrect to believe that Senator Faruqi should have to "take it on the chin" because she was a federal politician.

"If anything that warrants a greater level of protection," he said, arguing it would otherwise deter other people from diverse backgrounds following in her footsteps.

"Otherwise where does the next migrant woman of colour come from to go to the senate or parliament?" he said.

Pauline Hanson - Figure 4
Photo ABC News

Mr Holt also argued that the tweet from Senator Hanson unleashed a "sickening torrent" of abuse against Senator Faruqi, far greater than the initial controversy that had been stirred by her tweet on the Queen.

He said the reaction was not a "bolt out of the blue" but something Senator Hanson would have foreseen.

"That's just what Twitter is. You throw the grenade and it blows up," Mr Holt said.

Earlier in the case Senator Hanson's barrister Sue Chrysanthou SC had argued that Senator Faruqi's tweet was intended to offend and provoke a response.

Senator Hanson's legal team also argued their client's tweet fell within an exemption to the Racial Discrimination Act which allows a fair comment on a matter of public interest if it is an expression of a genuine belief held by the person.

Earlier in the trial, Sue Chrysanthou SC (right) argued that  Senator Faruqi's tweet was intended to offend and provoke a response.(AAP: Bianca De Marchi)

But Mr Holt argued in his closing that Senator Hanson's tweet was "gratuitously insulting" because "there was absolutely no need for her to tell [Senator Faruqi] to piss off back to Pakistan in order to engage with her over whether the Queen should be mourned".

Senator Faruqi is seeking court orders requiring Senator Hanson to delete the tweet, make a $150,000 donation to a charity of Senator Faruqi's choosing and undertake anti-racism training.

Posted 1 hours agoWed 1 May 2024 at 6:50am, updated 1 hours agoWed 1 May 2024 at 6:54am

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