A man from the Central Coast of New South Wales has been ordered to pay $10,000 for yelling “I’m going to kill you faggot” while punching a man in a gay nightclub in Sydney.
The offences took place in September 2014 and the fine follows the conviction of the man for punching David Massa at Arq nightclub where he was fined $1,100 and ordered to remain under the supervision of Probation and Parole for two years.
The $10,000 fine was imposed by the NSW Civil and Administrative Tribunal when they found Paul Taufaao had committed unlawful homosexual vilification during the assault.
Taufaao told police he punched David Massa in the mouth after speaking with him for more than 20 minutes because he thought Massa had touched his cousin’s wife while on the dance floor.
Massa said he fell to the ground unconscious for a short period and when he woke “I could taste blood in my mouth, I could feel the blood dripping down the front of me”.
“I could not move my bottom lip and the pain felt as though my lip had been ripped off,” he said.
His friend Simon Margan complained to the Anti-Discrimination Board after Taufaao yelled “F… off faggot” and “I’m going to kill you faggot” while Margan tried to prevent Taufaao from punching Massa again after the first punch.
The matter was referred to the NSW Civil and Administrative Tribunal as a complaint alleging homosexual vilification under the Anti-Discrimination Act.
The tribunal ordered Taufaao to pay an additional $10,000 to Margan, after accepting “I’m going to kill you faggot” was a homosexual vilification.
Taufaao did not attend a tribunal hearing or mediation attempts. The Tribunal accepted Margan’s evidence was “truthful and reliable”.
It found Taufaao’s actions were “frightening and led to serious injuries to Margan’s friend”.
“It is appropriate that a significant sum be awarded,” the tribunal said.
“The comments were not merely insults. They had the capacity to incite, or the effect of inciting, ordinary members of the audience to which they were directed, to experience hatred and/or serious contempt for Mr. Margan and for homosexual men generally, on the grounds of their homosexuality.”
“The assault on its own could not be said to have been incitement to hatred or serious contempt on the grounds of homosexuality. However, coupled as it was with the words ‘Fuck off faggot’ and ‘I’m going to kill you faggot’, in this context the actions would constitute incitement.”
Taufaao has until July 21 to pay the $10,000 compensation.
The actual findings are published here.
Last Updated on Jul 3, 2017
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