Yesterday morning I appeared in the NSW Supreme Court for a hearing to determine whether New South Wales law applies to my conduct in Queensland.
While I respectfully wait for the Supreme Court’s judgment, unfortunately, I must say that after yesterday’s hearing I am not confident that a favourable decision will be handed down.
The New South Wales Attorney General Michael Daley intervened against me, arguing that:
1. The Supreme Court did not need to make any decision about jurisdiction and that this locational issue should be dealt with individually every single time by the Local Court, or, alternatively,
2. The location of my conduct was not a relevant jurisdictional consideration for the engagement of New South Wales anti-discrimination law, or, alternatively,
3. New South Wales parliament has extra-territorial powers and the absence of any statute limiting its extra-territorial powers in anti-discrimination legislation means that it should be interpreted to have effect on conduct everywhere outside New South Wales, or, alternatively,
4. If a statement on the internet could be hypothetically read by a hypothetical audience in New South Wales and could hypothetically incite vilification (in practice this simply means ‘offend a vexatious complainant’), then it is subject to New South Wales’ law.
I say this:
The idea that location is an irrelevant jurisdictional consideration, or that it should be determined each and every time I am subject to a complaint on the basis of some unclear or arbitrary nexus that should be investigated during a full merits hearing, are both really the same thing – a decetiful way of claiming universal jurisdiction without ever spelling it out.
The idea that people living outside New South Wales are subject to New South Wales law on the basis of an absence of any express statutory provision is simply absurd.
And the idea that New South Wales can pass laws prohibiting conduct outside New South Wales that has no actual, provable impact or effect on anything in New South Wales is also absurd and beyond the power of the New South Wales parliament and that state’s constitution. It probably also breaches the implied freedom of political communication under the Australian constitution.
I also point this out: if New South Wales can pass laws that shut down speech outside of New South Wales borders, then that comes with a sting in the tail for New South Wales residents too. Any other jurisdiction can pass laws silencing, fining and even jailing them for their political opinions as well.
This mad push for mad powers will only end in misery and chaos unless it is stopped now.
I am steeling myself for this matter to head to the New South Wales Court of Appeal and High Court of Australia next year.
While I long for some peace from a vexatious gay activist who is simply obsessed with me and protected by the New South Wales Attorney General and the Thought Police at the Temple of Tyrrany called the New South Wales Anti-Discrimination Board, this matter is about all of us.
If we don’t stand up against this tyrrany, it will not end if I simply ignore it and my duty to defend myself. Some other poor bugger and their family will become the next victim. Evil does not sleep because it can never be content or at peace. It is ever hungry and driven for more.
I thank each of you for your prayers, support and generosity. I am enormously comforted by the support received and you all remain in our daily family prayers.
I particularly thank all those who attended yesterday’s hearing with me. I cannot explain in words how much that support means. I am sorry I was not able to catch up and spend a bit more time with you after the hearing.
Finally, I am not despondent following yesterday’s hearing.
While I did return home exhausted, it was to a loving family and the smiling faces of my wife and children. I am truly blessed!
I remain convinced that evil can be confronted and defeated. God will bring good from this and the battles and trials that each of us face in ways that will amaze and be far greater than we could ever imagine.
All we need to do is to stand tall and fight hard when God gives us the privilege of playing our small part in His creative plan for good. That necessarily entails confronting evil. That is what I intend to do and your support makes that possible.
Thank you,
Bernard Gaynor
Christus Rex!
