Sheik Man Haron Monis. Picture: Stephen Cooper Source: The Daily Telegraph <\/p>\n
THREE of Australia's top judges believe a radical Muslim cleric had a legal right to send offensive letters to the families of dead Australian soldiers. <\/p>\n
In a major freedom-of-speech case that split the High Court, Chief Justice Robert French, Justice Kenneth Hayne and Justice Dyson Heydon yesterday upheld the appeal of Sheik Man Haron Monis because they agreed a section of the Criminal Code contradicted the constitution. <\/p>\n
But Sheik Haron and an alleged helper lost their bid to have a raft of criminal charges thrown out because Justice Susan Crennan, Justice Susan Kiefel and Justice Virginia Bell ruled the opposite and dismissed their appeal. <\/p>\n
The 3-3 tie meant the original NSW Court of Criminal Appeal decision was affirmed. <\/p>\n
RSL Australia and relatives of the diggers yesterday welcomed the outcome, but suggested the Criminal Code be clarified given the differing legal opinions. <\/p>\n
\"I certainly welcome the result. They should not be allowed to bypass the justice system,\" said Felix Sher, who allegedly received letters before his son Private Gregory Sher's funeral in 2009. <\/p>\n
Sheik Haron launched the appeal after being charged with 12 counts of using a postal or similar service in a menacing, harassing and offensive way between 2007 and 2009. <\/p>\n
His co-accused, Amirah Droudis, also appealed after being charged with eight counts of aiding and abetting. <\/p>\n
The appeal was based on their claim that the Criminal Code section was invalid because it was inconsistent with the implied constitutional freedom of political communication. <\/p>\n
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Is freedom of speech a licence to hate?<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Sheik Man Haron Monis. Continue reading