Muslim community leader Keysar Trad has been ordered to repay Alan Jones $10,000 after the broadcaster was granted the right to appeal against a tribunal decision Mr Jones had incited hatred of Lebanese Muslims.
The NSW Administrative Decisions Tribunal found in 2009 that Jones had “incited hatred, serious contempt and severe ridicule of Lebanese Muslims” through comments made on air in April 2005.
The tribunal awarded $10,000 in damages to Mr Trad, ordered the talkback host make a public apology and directed Jones’ employer, Harbour Radio, to conduct a “critical review of its policies and practices on racial vilification” and staff training in such matters.
Jones has since launched two attempts to overturn that decision and on Wednesday the NSW Supreme Court ordered that his appeal be allowed.
The court set aside a decision made by the tribunal in October last year to dismiss an appeal and also ordered that Mr Trad repay the $10,000.
The decision means the eight-year court battle will continue into 2014.
Mr Trad complained to the tribunal over a number of statements made by Jones on 2GB in 2005.
The first related to comments on April 28 about a Nine Network story reportedly showing young men of Lebanese origin taunting police.
“If ever there was a clear example that Lebanese males in their vast numbers not only hate our country and our heritage, this was it,” Jones had said.
Making reference to “vermin” and “mongrels”, he said: “They simply rape, pillage and plunder a nation that’s taken them in.”
In 2009 the tribunal ruled that the comments were “reckless hyperbole calculated to agitate and excite his audience”.
They also ruled that Jones interpreted a speech made by Lebanese-Australian cleric Sheik Faiz Mohammed in Bankstown as an excuse for sexual assaults by Muslim men on non-Muslim women.
Jones accused Mr Trad, as a Muslim leader, of doing nothing to stop car hoons or speeches such as those made by Sheik Faiz Mohammed.