Whether Pauline Hanson knew fellow senator Mehreen Faruqi was Muslim when she made an allegedly racist tweet is the subject of an 11th-hour twist in their bitter legal battle.
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Senator Faruqi alleged in a Federal Court lawsuit that the One Nation leader engaged in racial discrimination through a tweet suggesting she "piss off back to Pakistan".
Lawyers for the Greens deputy leader lodged an appeal on Thursday for the case to be reopened to hear fresh evidence, despite Justice Angus Stewart having adjourned the matter last week to consider his ruling.
Hanson told the trial during cross-examination that at the time of her September 9, 2022, tweet, she did not know Senator Faruqi was Muslim.
The submission to reopen the case by Senator Faruqi's lawyers included a 249-page file of publicly available material in which she is identified as Muslim, including "copious" social media posts and news articles.
This includes a pinned tweet in which Senator Faruqi says "I'm Muslim", and a podcast episode of Paul Murray Live on which Senator Hanson appeared as a guest, where the host also identifies her as Muslim.
Senator Faruqi also tagged Senator Hanson in a 2018 tweet asking, "I'm curious. @PaulineHansonOz am I a good Muslim or a bad one?", according to the evidence.
Lawyers for Senator Faruqi submitted that the material assisted the court in considering whether Senator Hanson's evidence as to her knowledge of her colleague's religion should be accepted.
In the hours following the death Queen Elizabeth II, Senator Faruqi tweeted she could not mourn the passing of the leader of a "racist empire built on stolen lives, land and wealth of colonised peoples".
Senator Hanson responded, saying she was appalled and disgusted with the Greens senator's comments, telling her to "pack (her) bags and piss off back to Pakistan".
Senator Hanson's barrister Kieran Smark SC said during a multi-day trial that given the One Nation leader's history of being outspoken against Muslims and Islam, if the tweet was racially motivated one would expect religion to have been referred to in the tweet
"If she's got something to say about Islam then she'll say it," Mr Smark told the court.
Mr Smark said the colour of the Greens senator's skin was the last thing on his client's mind when she sent the tweet.
"Your Honour would not have a proper basis to conclude that 'go back to Pakistan' had anything to do with colour or in fact religion," he said.
"What it's all about is the death of the Queen and speaking out on those political causes at the time."
Faruqi's barrister Saul Holt KC said the tweet was a personal attack targeting his client's colour and ethnic origin rather than a protected form of political engagement.
"It is an angry slur that could have been written by anyone regardless of their status," Mr Holt said.
Australian Associated Press
