Pauline Hanson, Greens deputy clash over Twitter survey on effects of racism in discrimination suit

The Greens senator is relying on Twitter users being ‘offended’ by a social media post Hanson directed at Faruqi after the Queen’s death.

Greens deputy leader Mehreen Faruqi has attempted to rely on statements from Twitter users offended by Pauline Hanson’s retort that she should “pack (her) bags and piss off back to Pakistan”, as the One Nation leader’s top silk argued the defamation trial should not hear about her “racist” views from 30 years ago.

Senators Hanson and Faruqi’s conflict began following the death of Queen Elizabeth II. On September 9, Senator Faruqi tweeted: “I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples”.

Later that day Senator Hanson responded to the tweet and told Senator Faruqi to “pack your bags and piss off back to Pakistan”, objecting to her insult of the Monarchy.

Senator Faruqi sued Senator Hanson over the remark, previously alleging in a court statement she had “been subject to a torrent of abusive phone calls, social media posts and hate mail” following it.

On Thursday, the Federal Court held an interlocutory hearing about what evidence would be allowed to be tendered in the case.

Greens Senator Mehreen Faruqi took Senator Pauline Hanson to court on the grounds of the Racial Discrimination Act. Picture: Gary Ramage

Barrister Sue Chrysanthou SC, who represented Senator Hanson, questioned the relevance of evidence that was intended to illustrate a pattern of “white supremacist” views from Senator Hanson, as well as expert reports that would detail the health impacts of racist remarks.

“This is not a Royal Commission into my client,“ Ms Chrysanthou said. ”The question is, what she did on that day (September 9th 2022), and what she was thinking when she did it, not what she thought thirty years ago or said thirty years ago.“

These included Senator Hanson’s submission of the “It’s okay to be white” bill, and referring to Australia being “swamped by Asians” in her 1996 maiden speech.

Justice Stewart suggested that the 93 statements by Hanson on the grounds of racist sentiment could be proof of a consistency of belief and a “tendency to make statements because of the race, colour, nationality or ethnic origin of the other person”.

But Ms Chrysanthou rebutted: “In circumstances where (the prosecutors) rely on statements made by my client about immigration, one will then have to review the political context in which that was made, and the circumstances in which she’s making those statements.”

She also questioned the relevance of survey material collected from Twitter users.

Barrister Sue Chrysanthou SC represented Senator Hanson at the Federal Court in Sydney. Picture: NCA NewsWire / Gaye Gerard

The online survey form in question, which was tweeted out by Senator Faruqi’s representation Marque Lawyers when proceedings began, was titled “How Does It Make You Feel?”. It asked participants “to indicate your view” on the tweets from Hanson.

The survey was viewed by 9430 people, and 776 filled it out. Nine of them had their Twitter accounts tendered as evidence in the form of “lay-affidavits”, the court heard.

Senator Faruqi’s barrister Jessie Taylor said the lay-affidavits were necessary to provide context of the experiences of people of colour and migrancy, saying it was a “drawing in technicolour (of) the real life experiences of racism of people in our community”.

“Many men have no idea that women might walk home from the train station at night holding their keys in their first. It’s simply not something that forms part of a worldview or lived experience of a cohort,” Ms Taylor said.

“Unless your honour is actually aware of how these things might be interpreted and might be experienced from your own perspective of the world, you need to receive evidence of those things.

Ms Chrysanthou argued the survey did not provide full context to survey participants.

Justice Stewart did not reach a verdict on Thursday regarding whether the evidence would be entered into the court.

Among the tendency material were extracts that the defence contended were objectionable on the grounds of parliamentary privilege.

The case will be heard for four days from April 29.

If Senator Faruqi’s complaint is found to be valid, she sought damages in the form of a $150,000 donation from Senator Hanson to the Sweatshop Literacy Movement.

Senator Faruqi also requested Senator Hanson enrol in anti-racism training at her own cost, publish a new tweet apologising for her language and refrain from making similarly contentious remarks in the future.

Senator Hanson has alleged that she will argue the freedom of political speech trumps the Racial Discrimination Act in this circumstance, and has previously contended the remark was not racist.