Front page story, Weekend Australian, 16 June 2018

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Weekend Australian 16-17 June 2018 2

THE AUSTRALIAN

Gay-hate victim Garry Burns turns lawfare crusader

NICOLA BERKOVIC THE AUSTRALIAN

12:00AM June 16, 2018

 

When three youths dragged Garry Burns towards the cliffs at Sydney's Bondi 30 years ago and threatened to throw him off  because he was gay, they did not know they would be unleashing one of the nation's most ardent crusaders against homosexual vilification. Burns has made it his life's work to pursue anyone who makes homophobic comments in public, primarily by complaining to the  NSW Anti-Discrimination Board, or ADB. But his one-man legal crusade has resulted in the bankrupting —and potential jailing — of an ex-cabbie whose family says is brain damaged, and taken up countless court hours at significant cost to taxpayers, prompting calls to overhaul the law. Burns was back in court on Thursday, in a defamation matter involving one of his key targets: former army officer and conservative Christian blogger Bernard Gaynor, who lives in Brisbane. Gaynor, a father of eight, says Burns's action has cost him "well over $200,000" in legal fees and forced him to sell his house. It is hard to know how many complaints Burns has filed over the years, or how many have in turn been referred by the ADB to the  NSW Civil and Administrative Tribunal. Burns says he lodged his first complaint in 2002, but does not keep a record, while the ADB says it "cannot comment on any aspect of its statutory complaint-handling functions". Gaynor, however, has been keeping a tally. He says he has been the subject of 36 ADB complaints by Burns, leading to 18 NCAT cases and litigation in the NSW Supreme Court, NSW Court of Appeal

 

Weekend Australian 16-17 June 2018 3

and High Court — requiring about 26 trips to Sydney. He has also had three matters referred to the NSW Local Court and is expecting another seven — although Burns says he will discontinue some of these. He has also now been sued by Burns for defamation over a Facebook comment posted by a third party, which the judge on Thursday warned was a "very difficult case" for Burns to win. But that is of little comfort to Gaynor. "I am sucked into this black hole at the moment," Gaynor says. "It has had a terrible impact on our lives, it has destroyed us financially and put enormous stress on our family. There is no escape, even when you win in the High Court." There is no cost to file a complaint with the Anti-Discrimination Board, and no cost to have a complaint referred to NCAT. There are also usually no costs awarded against complainants if they lose in the tribunal. On the other hand, there is a potential upside for complainants, who can be awarded up to $100,000 in compensation — a situation Gaynor says creates a potential "gravy train". Gaynor points to figures from 2014-15, when he says he was the subject of about 26 Burns complaints. Analysis of NCAT decisions and Burns's website reveals complaints against five other people, he says, meaning Burns was responsible for more than half the 48 homosexual vilification and victimisation complaints to the ADB that year. Burns has at least 12 court matters listed this month, and  possibly more at NCAT. He says all this legal action is exhausting. "But what am I going to do? Let them get away with stating that I have sex with under-age male children?" Burns says. Some of his targets over the years have included radio personality John Laws, former Victorian premier Jeff Kennett and singer Rob Mills, who rose to fame on

 Australian Idol

and is currently on

 Neighbours

and in

 Puffs,

a play in Melbourne. Last week, Burns scored a victory against another of his targets: Newcastle-based ex-cabbie John Sunol, who suffered a brain injury in a 1978 car accident.