The Attorney General through her filed notice pointed out to the Court that Mr.Cottrell’s Human rights under the Victoria Charter may well affect the application of the law with which he was charged and convicted and is now appealing against, asserting the law is invalid due to the Commonwealth Constitution’s implied freedom of political discourse.
The Attorney also advised the Victorian Equal Opportunity and Human Rights Commission of the issues to enable it to use its intervention power in the case so that it may choose to act as an independent and expert advocate in relation to the interpretation and application of Mr.Cottrell’s Human Rights under the Charter.
If the County Court Judge agrees that his Human Rights may have been affected then his Trial in the County Court, including the issue of whether the Victorian Religious Villification Law is Constitutionally invalid will be delayed until his human rights under the charter have been determined by the Supreme Court.
Mr.Cottrell’s request for his Human Rights to be referred to the Supreme Court will be heard in the Melbourne County Court on Tuesday 9th July at 9.00 a.m.