Updated
There were fireworks inside Sydney’s Land and Environment Court this morning as two men found guilty of illegal land clearing began shouting and heckling before they were fined $100,000.
Key points:
- The men were found guilty of conducing illegal land clearing at their Colo property
- Dr Mustapha Kara-Ali and Diaa Kara-Ali ran a religious guild on the land, in Sydney’s north west
- They had claimed their property was exempt from Australian law
Brothers Mustapha and Diaa Kara-Ali illegally cleared land and developed on a bush block in Sydney’s north west, claiming the Islamic spiritual group they ran on the property was exempt from Australian law.
Hawkesbury City Council took the brothers to the Land and Environment Court in June last year.
From the beginning, the duo refused to take part in court proceedings and ignored orders by the court to stop construction works on the land.
Today they were convicted of 12 counts of contempt of court.
The Kara-Alis argued they were exempt from Australian law because their spiritual group, Diwan al Dawla, was classed as a basic religious charity.
That claim was not endorsed by the Australia Charities and Not-for-profits Commission, who later stripped the group of its charity status.
The brothers were also accused of locking in a man delivering them court documents by padlocking the gates on the Colo property while he was still inside.
In sentencing the two men today, Justice Terence Sheahan said the brothers only engaged in the court process “following my reluctant decision to have you arrested … to address the problems you’ve created”, describing their contempt of the court as “flagrant”.
In his published reasons, Justice Sheahan said the brothers’ claim that they do not have to comply with Australian law are false.
“In December 2017, the Australian National Imams Council (“ANIC”), with the assistance of the NSW Judicial Commission, prepared a document entitled “Explanatory Note on the Judicial Process and Participation of Muslims”,” he wrote.
“The note clearly envisages that Muslims in Australia will often be expected to participate in Court processes.
“It even stresses that there are many similarities between the Western tradition and the Muslim concept of justice.”
But Justice Sheahan pointed out Mustapha Kara-Ali “disowns” that note, quoting him telling the court “that document belongs in the trash bin”.
Outside court, Mustapha Kara-Ali repeated previous claims of religious persecution.
Ian Dickson, whose son lives in the area and was at the court for the sentencing said it was unfortunate the case had gone on for so long.
“It could have been avoided putting in a DA application as everyone has to do,” he said.
Topics:
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