On Tuesday, during argument in Jihad Jack Thomas’s case in the High Court, Kirby J had this to say to David Bennett QC (Solicitor-General of the Commonwealth) about terrorism:

MR BENNETT: … the possible threats to the polity, to Australia, to the people, to the physical land or whatever, are from the matters I have listed, the vulnerability aspects and the growth of the fanatical ideological movements, are of enormous variety.

One needs general powers to deal with a variety of threats which have largely replaced the quaintly old-fashioned idea of an invading army. To regard an invading army as the only threat that requires national defence and to ignore terrorism for that purpose, is what in the United States is sometimes described colloquially as “September 10 thinking”. One says to a person – – –

KIRBY J: Yes, but the Americans, with all respect, have become completely obsessed with September 11 and that is not an event that occurred in this country and I think we have to keep our eye on the threats to Australia. I mean, more people die every day from AIDS than died on 11 September.

MR BENNETT: Your Honour, with respect, it is precisely a threat to Australia. That is some of the evidence which is in the stated case. When the clearest one – yes, your Honour, the answer to that question is very simple.

KIRBY J: Where are you referring?

MR BENNETT: Page 196 where the man who did it says, “Yesterday, London and Madrid. Tomorrow, Los Angeles and Melbourne. Allah willing.” Your Honour, one cannot say that it is something that is only affecting the United States. The materials are replete with specific threats to Australia, which I will be taking your Honours to in due course. In my respectful thinking, the – – –

KIRBY J: Is this after Australia’s participation in the war in Iraq?

MR BENNETT: The date of this is – yes, it is, your Honour.

KIRBY J: I remember Chief Justice Barwick giving the French version that the animal is so wicked that it strikes back.

MR BENNETT: Your Honour, the first strike came from the other side in this one.

KIRBY J: It is a long struggle.

Kirby, a declared homos-xual and advocate of homos-xual causes, here disparages the War Against Terror. Using moral relativism, he compares AIDS to the War to the latter’s disadvantage. One problem is that, if we lose the War, homos-xuals like Kirby will swing by their necks in public executions. Kirby is concerned about the AIDS epidemic. Islamic extremists would go a long way to solving that problem by executing all homos-xuals. The War is about protecting everbody, including the most vulnerable in our society.

Peter Fray

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