A defamation trial between Greens Senator Mehreen Faruqi and One Nation leader Senator Pauline Hanson is taking place in the Federal Court of Australia this week.
Senator Faruqi was the first witness to give evidence in Sydney yesterday, while Senator Hanson is expected to sit in the witness box today.
The case is in relation to an exchange between the pair on social media in September 2022. Faruqi is accusing Hanson of racial discrimination, when at the time the One Nation leader told the Greens Senator to “pack your bags and piss off back to Pakistan”.
The trial is expected to go over the next four days. Here’s everything you need to know.
What happened?
Shortly after the former British monarch Queen Elizabeth II died on September 8 2022, Faruqi, who immigrated to Australia in 1992 and became an Australian citizen, made a post on social media criticising the institution of the British monarchy.
“Condolences to those who mourn the Queen. I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples,” Faruqi wrote in a post on Twitter on September 9 2022.
“We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.”
About five hours later, Hanson responded to Faruqi’s tweet.
“Your attitude appalls and disgusts me,” she wrote. “When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament.
“It’s clear you’re not happy, so pack your bags and piss off back to Pakistan.”
Why is it going to court?
Following the furore, Faruqi launched legal action against Hanson in May 2023, arguing Hason racially discriminated against Faruqi in her social media post.
Faruqi, represented by legal counsel Saul Holt SC, says Hanson breached section 18C of the Racial Discrimination Act. This section of the federal legislation states it is “unlawful” for someone to commit an act in public that is “reasonably likely… to insult, humiliate or intimidate another person or a group of people” on the basis of “race, colour or national or ethnic origin”.
Holt said Hanson’s tweet not only told Senator Faruqi she was “not welcome in Australia”, but would have affected others with “the same characteristics” as the Greens Senator.
“The tweet was making a brown, Muslim migrant a lesser person,” Holt told the court yesterday.
Hanson is being represented by Sue Chrysanthou SC, who argues Hanson’s conduct falls within the exemptions outlined in the Racial Discrimination Act – that is, Hanson’s comments were made in good faith and reflected the One Nation leader’s genuine beliefs.
What happened in court yesterday?
Faruqi was the first witness to give evidence in court yesterday, telling Justice Angus Stewart at the Federal Court in Sydney that Hanson’s tweet affected her “sense of belonging” in Australia.
“I understood her words to be the ultimate racist slur… implying and clearly saying that I don’t belong here. So it really challenged my sense of belonging to this country,” Faruqi said.
She was cross examined by Chrysanthou, Hanson’s legal counsel, who suggested to Faruqi that she launched legal proceedings for “political ends”. Chrysanthou noted that Faruqi and Hanson are political opponents from the progressive and conservative side of politics respectively.
“You’ve come here to use the witness box as a soapbox to give speeches to further your political ends,” Chrysanthou said to Faruqi.
Chrysanthou also suggested Faruqi is a “hypocrite” for accusing Hanson of racism, when Faruqi often makes or shares “racist” remarks about white people.
In her response, Faruqi defended her position, saying every member of parliament or Senator should be able to criticise Australia’s institutions.
“That’s how change happens for the better. And that was my reason for doing this. That’s not hypocrisy,” Faruqi said.
On the question of racism, Justice Angus Stewart considered the national debate that recently took place in regards to allegations that Sam Kerr, captain of the Matildas, racially discriminated against a London police officer for reportedly calling him a “stupid white bastard”.
Faruqi followed one line of argument that came out of the Sam Kerr debate earlier in the year: that racism is where prejudice intersects with institutional power.
“It (racism) is tied to who holds the power and who has the authority to perpetrate racism and oppress people,” Faruqi told the court.
“And in this country, the power of that is held by white people.”
What happens next?
Hanson is expected to give evidence in the Federal Court of Australia today. The trial will continue for the rest of the week, before Justice Angus Stewart considers the evidence and makes a judgment.
Should Faruqi be successful in her lawsuit, the court will order Hanson to delete the post and undertake anti-discrimination training at her own cost. Hanson will also have to donate $150,000 to a charity of Faruqi’s choice.