A NEW South Wales man previously convicted of assault for punching a patron at ARQ in September 2014 has been fined $10,000 for yelling “I’m going to kill you faggot”.
The June 30 ruling by a tribunal found that Paul Taufaao committed unlawful homosexual vilification, the Newcastle Herald has reported.
Massa said he “could taste blood in my mouth” and “feel the blood dripping down the front of me” after he regained consciousness.
Taufaao alleged that Massa had made a pass at his cousin’s wife on the dance floor at the Darlinghurst nightclub.
Simon Margan, a friend of Massa’s who is gay, said Taufaao yelled the insults after Margan moved to block him from assaulting Massa further.
Margan complained to the Anti-Discrimination Board, who referred the matter to the NSW Civil and Administrative Tribunal.
The Tribunal found that the assault was “frightening and led to serious injuries to Mr Margan’s friend”.
“The comments were not merely insults. They had the capacity to incite, or the effect of inciting, ordinary members of the audience to which they were directed, to experience hatred and/or serious contempt for Mr Margan and for homosexual men generally, on the grounds of their homosexuality,” the ruling stated.
“The assault on its own could not be said to have been incitement to hatred or serious contempt on the grounds of homosexuality.
“However, coupled as it was with the words ‘Fuck off faggot’ and ‘I’m going to kill you faggot’, in this context the actions would constitute incitement.”
“It is appropriate that a significant sum be awarded,” the Tribunal concluded.
Margan also submitted that the tribunal ask Taufaao to apologise to he and Massa, but the Tribunal declined on the grounds that Taufaao had shown no remorse over the assault.
Taufaao was previously fined $1,100 and sentenced to parole supervision for two years as a result of the assault conviction.