Judge rules 'N-word' not offensive

A Queensland judge has found the terms "nigger" and "sandnigger" are not offensive to a reasonable person.

Magistrate Michael O'Driscoll made the ruling yesterday when he dismissed a case against a Gold Coast retiree charged with sending an offensive facsimile to a local politician, reported the Gold Coast Bulletin.

Denis Mulheron, 62, sent the fax to the office of Queensland lawmaker Peta-Kaye Croft on June 30 last year.

It called on the Labor Party to tighten immigration laws against "niggers" and "sandnigger terrorists," and Muslim women with circumcised genitals.

Staff member Christie Turner, 28, told Southport Magistrates Court she was deeply offended when she read the one-page document, which also made reference to indigenous Australians as "Abos."

Mulheron, from the Gold Coast suburb of Labrador, told the court he had grown up with the slang terms for Arabs and black Africans and did not believe they were offensive.

"I'm not a member of the cafe, chardonnay and socialist set ... to me that is everyday language," he said.

He argued in court they were no different to calling a New Zealander a "Kiwi" or an American a "Yank."

O'Driscoll ruled that Mulheron's words were not enough to invoke criminal sanctions.

"The words used were crude, unattractive and direct but were not offensive to a reasonable person," he said.

But he made it clear the court in no way condoned Mulheron's comments.

The case comes after a judge in the Queensland city of Townsville ruled last Thursday that it was acceptable for people to tell police officers to "f*** off."

Townsville judge Peter Smid threw out a case against Bardon Kaitira, 28, who swore at a female officer outside a nightclub on December 20 last year in the early hours of the morning.

Judge Smid said: "The defendant spoke normally, he had his hands in his pockets and walked away. It's not the most polite way of speaking but those who walk the beat would be quiet immune to the words."

(Published by The Australian - August 10, 2010)