johnsunol.info

 

ADT Information

AKA Collier v Sunol: a quick history


Without the complaints of Mr Henry Collier, the behaviour of Mr John Christopher Sunol may have never been opposed. Indeed, Mr Collier's actions have led to Mr Sunol being found to have vilified homosexuals under the NSW Anti-Discrimination Act 1977 by the NSW Administrative Decisions Tribunal.


Case 1: Collier v Sunol [2005] NSWADT 261

The first case, Collier v Sunol [2005] NSWADT261 was heard before the NSW Administrative Decisions Tribunal's Equal Opportunities Division on 28 September 2005 after a complaint lodged by Mr Henry Collier against Mr John Christopher Sunol on 25 October 2004 in which it was alleged that Mr Sunol vilified homosexuals.

The tribunal heard the case after an unsuccessful attempt to reach agreement at a conciliation conference on 16 December 2004. The decision was handed down by the NSW ADT on 17 November 2005.

The Claim
The application by Mr Collier alleged Mr Sunol published vilifying material in October 2004, breaching the NSW Anti-Discrimination Act 1997.

Mr Collier lodged a Points of Claim with the NSW ADT stating that he believed nine statements could possibly be vilifying. At the tribunal, eight of these were relied upon. The text of the statements were:

(a) 'Homosexuality is a behavioural disorder, brought on by the social conditioning (brain washing) of human beings, through group and peer pressure.
e.g. gay/lesbian/bi = sin
sin = eternal separation from God
eternal separation from God = death.'

(b) 'The Gay and Annual Lesbian Mardi Gras, One big blight upon the city. This is the ultimate of all evil and it is unknowingly run by criminal gang members and potential terrorists.'

(d) 'I have spoken out sharply against the Gay Lobby and feminist lefttist social changes which are anti-God and out to destroy todays society. This includes,
Same sex partners Marriage:
Adoption for homosexual couples:
Decriminalised drugs, Mariuajana and Heroine ect:
and other such evils.'

(e) 'Faggots are all wicked evil people.'

(f) 'I am willing to go to prison for being dissobedient to any law of such and I will incite others to do so as well.'

(g) 'The Mardi Gras is full of Criminals and run by drug lords. It is also full of Child pedeophiles and corrupt people.'

(h) 'God will burn Sydney to the Ground because of the evilness of these fags.'

(i) 'I hope and pray that God mooves and brings more of the religious right into Australia to keep the poofs and faggs kept held down.'

The Defence
Mr Sunol offered his own defence and did not engage legal representation.

When asked which posts Mr Sunol was responsible for, the NSW ADT's decision [at point 15], found:
In his Answer to Points of Claim, filed on 18 July 2005, and at the hearing, Mr Sunol admitted that he wrote and posted items (a), (b), (d) and (g) in the above list. He admitted writing items (f) and (h), but only in private e-mail messages to individual recipients. He claimed that other people, possibly these recipients, were responsible for the presence of these items on http://wollongongmusicscene.com, a publicly accessible website. In addition, he denied having written items (e) and (i).

The NSW ADT examined evidence from a number of expert witnesses provided by Mr Collier, and in their decision [at point 27] stated:
On a review of all this evidence, we are, however, comfortably satisfied that Mr Sunol was responsible for the publication on http://wollongongmusicscene.com, a publicly accessible website, of the four items ((e), (f), (h) and (i)) which he denies having published in this way. In so finding, we make due allowance for the fact that he was not legally represented in these proceedings.

Also in his defence, Mr Sunol claimed that hacking may have been involved. The Tribunal's decision [at point 28] found:
His claim that one or more hackers effected the postings was not supported by any expert evidence to suggest that it was a reasonable possibility. Furthermore, it was directly contradicted by the two expert witnesses on whom Mr Collier relied.

The Decision
The NSW ADT analysed the statements made by Mr Sunol listed above at length and in detail. After their analysis of each statement, the decision [at point 72] found:
In the outcome, five statements published by Mr Sunol - (d), (e), (f), (h) and (i) - are the only statements that in our opinion fall within the terms of s 49ZT(1). With regard to statements (a) (for reasons explained earlier), (b) and (g), the complaint by Mr Collier must be dismissed.

The final conclusion of the tribunal was that Mr Sunol vilified five times against homosexuals. Of Mr Collier's nine original claims, the NSW ADT upheld five of the claims, and rejected three of the claims, with one claim being not pressed by Mr Collier. This finding can be seen the NSW ADT's decision [at point 77], namely:
For the foregoing reasons, the Application is upheld in relation to the following statements set out in paragraph 2.3 of the Points of Claim as amended: (d), (e), (f), (h) and (i). We dismiss it in relation to statements (a), (b) and (g). We note that statement (c) was not pressed.


The Facts
FACT: John Christopher Sunol's claim that his website and posts were hacked were rejected by the tribunal.

FACT: John Christopher Sunol was found to have published five statements that vilified against homosexuals.

FACT: The statements by John Christopher Sunol that vilified homosexuals were:

  • 'I have spoken out sharply against the Gay Lobby and feminist lefttist social changes which are anti-God and out to destroy todays society. This includes,
    Same sex partners Marriage:
    Adoption for homosexual couples:
    Decriminalised drugs, Mariuajana and Heroine ect:
    and other such evils.'

  • 'Faggots are all wicked evil people.'

  • 'I am willing to go to prison for being dissobedient to any law of such and I will incite others to do so as well.'

  • 'God will burn Sydney to the Ground because of the evilness of these fags.'

  • 'I hope and pray that God mooves and brings more of the religious right into Australia to keep the poofs and faggs kept held down.'

Sources