The "scandalous" written defense of former Labor leader Mark Latham of 76 pages to a defamation case filed against him by the journalist and former Green candidate, Osman Faruqi, has been completely crossed out by a federal judge.
Faruqi is suing Mr. Latham for defamation for comments he made in a YouTube video called The Rise of Anti-White Racism and Terrorist Plots in Australia.
Faruqi says Latham defamed him in the video, published in August last year, by suggesting that he had incited or encouraged terrorist violence.
In Federal Court on Thursday, Judge Michael Wigney dismissed Mr. Latham's "extraordinary" defense, but granted him permission to file another before September 28.
"Mr. Latham's defense is, in almost any way, an extraordinary document." To address Mr. Faruqi's strike request, it is necessary to try to confront him.That is no feat, "Judge Wigney wrote at his trial.
Latham announced on Twitter that Judge Wigney's ruling "would be appealed"
"What kind of legal analysis is this?" he tweeted.
In his view, Judge Wigney said the document posed many "misleading" questions.
"What has the martyrdom of Christians in the Roman Empire between the reign of Emperor Nero Claudius Caesar Augustus Germanicus and Emperor Flavius Valerius Aurelius Constantine Augustus with a defamation action initiated in Australia in 2017?" Judge Wigney asked.
He also labeled many parts of the document as "vexatious."
"… various parts of Mr. Latham's defense contained scandalous, frivolous or humiliating material, or were evasive or ambiguous, or could cause prejudice, embarrassment or delay in the proceedings, or failed to reveal a reasonable defense appropriate to the nature of the relevant allegation, or else it was an abuse of the Court process. "
Lawyers acting on behalf of Mr. Faruqi, Maurice Blackburn Lawyers, welcomed the trial that also rejected Mr. Latham's argument that his client sought to defame white people when he tweeted about the history of citizenship in which they participated. Green Senators Scott Ludlam and Larissa Waters.
"Our client, Mr. Faruqi, is a strong advocate for solid debate, but what happened in this case were baseless and dangerous attacks by Mr. Latham that crossed a clear line," said Josh Bornstein, the firm's principal. , it's a statement.
Judge Wigney's full trial can be found here.