Hellenic Council Of Nsw -V- Apoleski, Order Of Ahepa -V- Apoleski [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Hellenic Council Of Nsw -V- Apoleski, Order Of Ahepa -V- Apoleski [1997] NSWEOT

COMPLAINANT: Hellenic Council of NSW

RESPONDENT: Gligor Apoleski

NUMBER: 9-11 of 1995

Mr M Biddulph ( Judicial Member ) TRIBUNAL: Ms M Alt Ms L Mooney

GROUNDS OF COMPLAINT: Racial Vilification

DATES OF HEARING: 08/13/1996 DATE OF JUDGMENT: 09/25/1997

Complainant: Mr C Vertzayias McDonell Vertzayias (Solicitor) LEGAL REPRESENTATIVES: Mr P Kintominas (Counsel)

Respondent: Mr D Anderson Clapin & Carbone (Solicitor)

JUDGMENT IN FAVOUR OF:

This decision is made in respect of both matters Nos. 9 and 11 of 1995 which were heard together on 13 August 1996 following an order made by the Judicial member, pursuant to section 79 of the Anti-Discrimination Act 1977 No. 48 (As Amended) ("the Act"), that a single inquiry be held in relation to them, as they related to the same subject matter.

At the commencement of the inquiry, the Tribunal also directed that the transcript of evidence in matter No. 10 of 1995 be admitted into evidence in Nos. 9 and 11, the inquiry into No. 10 having concluded the day before and having been made into a similar complaint of racial vilification against the same Respondent and another. This decision should, therefore, be read in conjunction with the decision of the Tribunal in No. 10 of 1995.

COMPLAINT SUMMARY

On 29 January 1993, the Complainant in No. 9 of 1995, the Hellenic Council of New South Wales (as a representative body for the Greek community), lodged with the Anti-Discrimination Board of New South Wales, a complaint of racial vilification against Mr Gligor Apoleski, the alleged author of an article published in the Macedonian Weekly Herald on 12 August 1992 - entitled Macedonia:History and Reality". The Complainant in No. 11 of 1995, the Order of AHEPA (as a representative body for the Greek community) lodged an identical complaint against Mr Apoleski on 23 September 1992 in respect of the same article.