By CAMERON LUCADOU-WELLS
CATCH The Fire Ministries has successfully delayed its own bid to stop a mosque being built next to its proposed church in Green Street, Doveton.
Victorian Civil and Administrative Tribunal senior member Laurie Hewet adjourned the hearing last Monday accepting that Catch the Fire’s lawyer Robert Balzola had not enough time to prepare his client’s case against Casey Council due to a family bereavement mid-August.
The hearing was postponed until 20-22 November.
Mr Hewet rejected two other submitted grounds for adjournment: Catch the Fire’s anti-Islam pastor Danny Nalliah being busy since January campaigning for this month’s federal election; and that a “relevant” Supreme Court decision was due to be handed down last Thursday.
Mr Balzola had argued it was in the “interest of justice” to defer the case.
VCAT had only confirmed on 30 July that Catch the Fire’s appeal would be heard after four months of uncertainty over whether its appeal application was valid.
In April, the council granted a permit for the 11.5-metre tall Omar Farooq Mosque after declaring no appeal applications had been made to VCAT. This was successfully disputed by Catch the Fire which had lodged an application for appeal on 28 March.
Prior to this, 30 objectors – including Catch the Fire – and more than 2000 petitioners had opposed the mosque.
Objectors cited traffic and noise concerns, loss of amenity, the mosque’s height, and claims that Islam “teaches hate”.
Mr Balzola said no harm was being caused to the council and mosque proponent Archivision by his client’s request for an adjournment, blaming 13 months of delays on the “conduct” of Casey Council and VCAT itself.
Council’s lawyer David Vorchheimer and mosque proponent Archivision’s lawyer Teresa Bisucci argued Catch the Fire had sufficient preparation time – five months since the council approved the mosque.
Ms Bisucci, who unsuccessfully applied for legal costs to be awarded against Catch the Fire, said a bereaved Mr Balzola could have briefed a colleague to take over the case after his mother’s recent death.
