Man fined $10,000 for shouting “I’m going to kill you, faggot” while punching a man in a gay nightclub
A man in Sydney, Australia has been fined $10,000 for shouting “I’m going to kill you, faggot” as he punched another man in a gay nightclub.
On Friday, the New South Wales Civil and Administrative Tribunal ruled that Paul Taufaao had committed unlawful homosexual vilification during an incident in the early hours of September 15, 2015, at ARQ nightclub.
ARQ nightclub in New South Wales (Google Streetview)
Taufaao was initially found guilty of assault causing actual bodily harm after he punched David Massa in the mouth because he thought Massa touched his cousin’s wife on the dance floor.
Massa said he had fallen to the ground and was unconscious for a short period, and that when he came to he could taste blood in his mouth.
“I could feel the blood dripping down the front of me,” Massa said.
“I could not move my bottom lip and the pain felt as though my lip had been ripped off.”
Massa’s friend Simon Margan tried to prevent Taufaao from punching Massa again and was met with homophobic abuse.
Margan complained to the Anti-Discrimination Board after Taufaao shouted “F**k off, faggot” and “I’m going to kill you, faggot” while he punched Massa.
Taufaao was fined $1,100 and ordered to remain under supervised probation and parole for two years after he was convicted of assault.
However, the tribunal has now ordered that Taufaao pay an additional $10,000 to Margan, who is gay, for the homophobic abuse he suffered.
Taufaao did not attend the tribunal hearing or any mediation attempts, so Margan’s evidence was accepted as “truthful and reliable.”
The tribunal found Taufaao’s actions were “frightening and left to serious injuries to Mr Margan’s friend”.
“The comments were not merely insults,” the tribunal ruled.
“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.”
Margan argued for the tribunal to award damages of $100,000 and for Taufaao to publish an apology.
The tribunal declined the request, stating that an apology would hold no value as “his words and actions had been savage” and he had showed no remorse.
Taufaao has until July 21 to pay the $10,000 in compensation.
