The trial of One Nation party leader Pauline Hanson for alleged hate speech begins in the Federal Court today.
The action, brought by Greens senator and party federal deputy leader Mehreen Faruqi, centres on a Twitter post by Ms. Hanson in September 2022. She is accused of engaging in unlawful offensive behaviour—racial discrimination.
Ms. Faruqi had written, concerning the death of Queen Elizabeth II, that she could not mourn the passing of the leader of a “racist empire built on stolen lives, land and wealth of colonised peoples.”
Senator Hanson responded that the Greens Senator should “pack [her] bags and piss off back to Pakistan.”
Senator Faruqi is seeking an apology and $150,000 in damages, donated to a charity.
It is expected that her legal team will argue that Ms. Hanson made the statement because of her alleged long-standing tendency to make similarly racist remarks.
Testimony on ‘Feelings’ Will Be Allowed
In March, Justice Angus Stewart dismissed an attempt by Ms. Hanson’s lawyers to exclude a wide range of evidence proposed by Ms. Faruqi’s legal team.This included expert reports on racism and the phrase “go back to where you came from,” as well as evidence allegedly showing a tendency by Senator Hanson to make racist remarks over her 30-year political career.
“[If] she has a tendency to make public statements because of the race, colour or national or ethnic origin of a person or a group of people, or to engage in commentary consistent with holding white supremacist views, it is more likely that she published the tweet in question because of the asserted reason,” Justice Stewart wrote in his decision.
However, he agreed that Ms. Hanson’s “It’s OK to be white” Senate motion was protected under parliamentary privilege.
They will also be able to introduce as evidence statements from nine people, gathered in response to a survey on X posted by Ms. Faruqi, asking people of colour how Ms. Hanson’s tweet had made them feel.
The Greens Senator lodged her case, under section 18C of the Racial Discrimination Act, after Ms. Hanson declined to participate in a Human Rights Commission complaints process.
Section 18C makes it illegal for someone to act in a way that is “reasonably likely” to “offend, insult, humiliate or intimidate” someone because of their race or ethnicity.
Ms. Hanson is also challenging the constitutional validity of section 18C as part of her defence, which has prompted the attorney general, Mark Dreyfus, to intervene and join part of Ms. Faruqi’s case to oppose that claim.
Both senators are expected to testify in the trial, which is set down for five days.
