It is imprudent to assess the workings of the legal system from the news stories alone, and without due regard for the merits of the case from both sides. However the following news story seems to a bit of a clanger. This is the gist of the case:
The taxi driver called the man a ‘black bastard’. The man complained to the Anti-Discrimination Tribunal and the Tribunal found that discrimination occurred and the taxi driver must pay $2,000 in compensation.
The Court of Appeal has now overturned the Tribunal decision on a technicality – remember, the racism remains proven – because the racism by the taxi driver was not directed against a customer.
Now the ‘black bastard’ is required not only to repay the $2,000 but also to pay the court costs of the taxi driver.
The Court of Appeal sees reason to make the ‘black bastard’ pay for using the justice system to complain against racism by awarding costs against him. (Perhaps this is a legal technicality of the Court of Appeal’s operations were costs must be awarded to the successful party.)
If the Anti-Discrimination Tribunal had not found that racism exists – and it is most likely that the Tribunal is the one that made the decision to use that particular part of the law – the ‘black bastard’ would now be better off.
So ultimately ‘black bastards’ are at risk of being heavily penalised if making a complaint of racism, even is the racism is proven.
Is there any other way to see this exercise in justice?
No wonder we always feel like ‘black bastards’ in this country!!! Perhaps we deserve to be locked up and be treated like outlaws in our own country.
Justice, Queensland style? No so hard to believe if you live in this State. So if you really want justice, next time a taxi driver in Queensland calls you a black bastard…jump in the car and ask him to drive you somewhere, perhaps to the Court of Appeal.
(Another black bastard who doesn’t know when he is well-off)
Cabbie cleared over ‘black bastard’ slur
March 18, 2010 – 2:31PM
A Cairns taxi driver will no longer have to pay compensation to a man he labelled a “black bastard” because he was not his customer.
The Queensland Court of Appeal today overturned a ruling made by the Anti-Discrimination Tribunal to award Torres Strait Islander man James Sailor $2000, to be paid to him by Nelson Hubbucks, an employee of Black and White Quick Service Taxis. The Court of Appeal heard taxi driver arrived at a Cairns unit complex in March 2005 after being dispatched to collect a customer at the address.