Gay activist's bid to sue Israel Folau for discrimination is thrown out after he called the ex-Wallaby star 'Falafal' and goaded his 'limp wrist pansy' lawyer
A gay activist's bid to takeIsrael Folau to the Anti-Discrimination Board has been denied after he called the former Wallaby a 'Falafal' and said his lawyer was a'limp wrist pansy'.
Garry Burns' request was rejected by theNSW Civil and Administrative Tribunal on Wednesday, withtribunal principal member Anne Britton citing the'egregious nature of his conduct'.
Mr Burns emailed Folau's solicitor on numerous occasions and in one instance referred to the Ruby star as'Israel Falafal'.
In another email, Mr Burns wrote:'If someone said "boo" to you you'd wet your Calvin's.
'If you think I'm easily intimidated by you and your fat cat lawyers think again.'
He had been suing the star, who has strong religious beliefs, for $100,000, claiming his words about gay people breached the Anti-Discrimination Act.
Another read:'[If the Solicitor] wants to carry on like some limp wrist pansy … give the poor darling a Valium or a Bex Powder.'
In another email, Mr Burns declared the solicitor had 'carried on like a incongruous imbecile throwing Gloria Swanson tantrums'.
'Well you are not getting any Oscars from me,' he wrote.
Folau had his multimillion-dollar rugby contract torn up after he shared a 'warning' to 'drunks, homosexuals and adulterers' among others that he claimed would go to hell.
Mr Burns' complaint included the Instagram post, a tweet and a sermon delivered by Folau to the congregation of the Truth of Jesus Christ Church on November 17 last year.
Ms Britton said it was arguable that Folau's comments had the capacity to incite hatred towards homosexuals.
But she found Mr Burns' interaction with the board, Folau and the solicitor was 'inappropriate'.
'Many of the comments contained in the series of emails he sent to the solicitor were churlish, offensive and personally insulting,' she said in her decision.
Mr Burns also emailed Folau's then-employer, Catalan Dragons Rugby Club, in February.
今年2月，伯恩斯还给福劳当时的雇主加泰罗尼亚龙橄榄球俱乐部(Catalan Dragons Rugby Club)发了电子邮件。
'Garry Burns has no right to judge others so why does your recruit feel it's perfectly ok to discriminate and vilify others using religion to legitimise it,' he said.
Ms Britton also said Mr Burns had sent threats to the tribunal.
'Of particular concern are the series of thinly veiled threats made to the president and officers of the board that if the complaint were to be dismissed Mr Burns would publicly declare that the president was 'aiding and abetting' the unlawful vilification of homosexuals,'she said.
'Also of concern is the disrespectful, intemperate and hectoring tone of many of the emails sent by Mr Burns to the board together withhisfailure to comply with the board's request to maintain confidentiality throughout the investigation.'
It was also found Mr Burns made his submission in an attempt to secure moneyto pay the legal costs of unrelated legal proceedings.
Ms Britton said she did not think money was the sole purpose of the complaint and accepts that Mr Burns believes Folau's comments
'Nonetheless, the inescapable conclusion is that one of the reasons Mr Burns made the complaint was for the collateral purpose ofsecuring a monetary settlement to pay the legal costs of unrelated legal proceedings,' she found.
Folau played 73 Tests for the Wallabies and became Super Rugby's all-time leading try-scorer prior to his sacking.
Folau's career kicked off in rugby league, where he played 91 NRL games, five Origin games for Queensland and represented Australia on eight occasions.
He also played 13 games for AFL club GWS Giants in 2011-12.