Update: an important victory

I write this update with some very good news.

As you know, I am facing 20 anti-discrimination complaints from serial litigant and homosexual activist, Garry Burns, and multiple fines of up to $100,000. I am in this situation because Garry Burns does not like my views defending morality and family values and neither does the New South Wales Anti-Discrimination Board.

Unfortunately, this is not surprising considering what this taxpayer-funded organisation gets up to.

For example, the New South Wales Anti-Discrimination Board believes it is a worthwhile use of taxpayer funds to hold policy consultations with the Sydney Beat Project – a group that just happens to campaign for the decriminalisation of homosexual ‘sex’ in public. Given this, you can understand why the Anti-Discrimination Board accepted a ‘homosexual vilification’ complaint against me from Garry Burns because I strongly criticised men who indecently exposed themselves to children at the Toronto ‘Gay Pride’ parade.

I am also in this position because Garry Burns knows that under anti-discrimination laws he will get to keep any fine awarded. He has also publicly stated that I should be jailed and that he wants to seize my house and assets and throw my family onto the streets.

Fortunately, my legal team was able to secure a very important victory last Monday that has halted his complaints in their tracks.

The complaints have not yet been dismissed, so the war has not yet been won. But we are now on the offensive and I am hopeful that after last Monday’s decision a final and decisive hearing is at hand. I am also hopeful that this hearing will put an end to Garry Burns’ abuse of anti-discrimination laws to target those with upright political, moral and religious views. It may also result in a stark and uncomfortable spotlight being shone onto the New South Wales Anti-Discrimination Board for its disregard of the law and its conduct. It has been behaving as if it is the ‘Secret New South Wales Thought Police’ with powers to target decent, ordinary Australians for their political and religious beliefs.

In January, we argued at the New South Wales Civil and Administrative Tribunal that Garry Burns’ complaints and behaviour has been vexatious. Our argument was rejected even though, for instance, Garry Burns has complained about his own comments that he left on my Facebook page. He’s also bandied my address about with Islamic organisations and sent me numerous emails asking about the sexual orientation of my children. The Tribunal also ordered in March that additional complaints from Garry Burns should go ahead because it believed that the Appeal Panel would reject our arguments and deny our appeal.

Garry Burns' email confirming he accessed my address from the electoral roll and provided it to, or offered it to Islamic organisations.

Garry Burns’ email confirming he accessed my address from the electoral roll and provided it to, or offered it to Islamic organisations.

However, last Monday the Appeal Panel of the New South Wales Civil and Administrative Tribunal set aside the Tribunal’s decision regarding Garry Burns’ vexatious behaviour and ordered that our appeal be heard. It was a stunning reversal of the earlier decisions.

The Appeal Panel also stayed all complaints from Garry Burns while the issue of vexatiousness is re-examined. And it allowed us to include additional constitutional and jurisdictional arguments in the hearing, as well as all the evidence of Garry Burns’ statements about me and my family.

Essentially, the Garry Burns’ juggernaut has been halted in its tracks and now we are preparing to counter-attack hard. The hearing for this matter has not yet been set, but I anticipate that it will probably occur in June and I will keep you informed.

This decision comes after Garry Burns has admitted to the Tribunal in recent weeks that he has lodged multiple, duplicate complaints against me. His admission is also an admission that the New South Wales Anti-Discrimination Board has allowed multiple, duplicate complaints to be referred to the Tribunal – even after it has conducted ‘detailed’ investigations. Incidentally, the Anti-Discrimination Board was summonsed to provide copies of the ‘investigations’ that it was required by law to conduct into Garry Burns’ complaints. It responded by stating that there were no documents in relation to any investigations.

I’m guessing that there’s a rubber stamp at the Anti-Discrimination Board sitting next to the Garry Burns file that gets a fairly solid work out.

If I was working in the Anti-Discrimination Board I would find all that rather embarrassing to live with. However, that’s just the start. The Tribunal has also found recently that the Anti-Discrimination Board has allowed Garry Burns to add new material to his complaints without ever informing me of those new allegations or providing me with any opportunity to respond. However, it chose not to strike out those complaints and still went ahead with a hearing into them anyway. Fortunately, Monday’s decision means that the basis of this entire hearing is now uncertain.

Like I said, this is all painting a picture that the New South Wales Anti-Discrimination Board is operating as a secret ‘Thought Police’ that believes it is above all operation of the law. In fact, although I am battling Garry Burns in the Tribunal, I have no doubt at all where the real problems in this entire matter lie: at the feet of the New South Wales Anti-Discrimination Board. This taxpayer funded organisation should be scrapped. And I am happy to inform you that action is being taken at various levels to ensure that this organisation faces intense scrutiny.

Unfortunately, my attention on these legal matters continues to limit my ability to write. Additionally, due to safety concerns that result from Garry Burns’ decision to reveal my residential address to numerous third parties, we are also being forced to move. This will also take up considerable time over the coming weeks.

For those who are interested, I am continuing to press my case against the Chief of Defence Force for his decision to terminate my commission as an officer in the Australian Army. The Federal Court has indicated that this matter will be heard in August.

Finally, I must issue some thanks.

My legal team, led by Robert Balzola, has been magnificent and has endured a barrage of highly offensive publications from Garry Burns. I thank them for their efforts and for having the courage to represent me. I know of others who Garry Burns has targeted that have been unable to find any representation simply because legal firms did not want to face the prospect of being labelled as ‘homophobic’.

I must also thank my family for their support, particularly my father and my wife. Dad has provided me with enormous encouragement and resolve. And Elle has been my rock. Without her I could not have endured this fight. She is my heroine and the unsung champion in this entire matter.

And I must sincerely thank you for your support, interest, prayers and donations. I must also apologise for not yet individually thanking all those who have donated. I find my failure on this part more stressful than my legal battle! I ask for patience as my wife and I slowly respond to you all.

It is only because so many Australians have generously assisted me that I am even able to mount a defence against Garry Burns. This matter has certainly been very costly in terms of stress, time and finances. There are others before me who have had no support, no assistance and no legal representation to face his onslaught using the cover of the New South Wales Anti-Discrimination Board. They have been destroyed.

As such, Monday’s important victory in the Tribunal is not really my victory: it is yours.

If it was not for your help, I would be destroyed too. And there is no doubt that other victims would follow if we did not stand up to challenge these laws and those who operate them. It is vitally important that we do: every time these laws are used ‘successfully’, it becomes harder for ordinary, decent Australians to live freely.

I am hopeful that together we can turn Monday’s win into a significant and decisive strategic victory – a victory that will benefit all Australians who cherish freedom, our democracy and our traditional Western and Christian values. However, as there is still a battle ahead, I ask once again for your continued assistance.

And because I am Catholic, I must also thank St Joseph. Catholics have always believed in his powerful intercession with Jesus Christ – after all, St Joseph provided for Him and protected Him. I have certainly been praying for his intercession and I have good reason to believe that those prayers have been answered and will continue to be answered.


Bernard Gaynor

If you wish to donate, I’d be most grateful. Details are below:

Family Values Action A/c (legal fighting fund)

  • BSB: 084 134
  • A/c No: 39 446 4501
  • Bank: NAB

Gaynor Family Support A/c (feeds my family while I fight)

  • BSB: 084 134
  • A/c No: 84 082 9276
  • Bank: NAB

Papyal: Click here

Cheque/Money Order: Please email for postal details (personal@bernardgaynor.com.au

Author: Bernard Gaynor

Bernard Gaynor is a married father of nine children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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  1. Bern, you little ripper!! Excellent news. Keep up the good work.

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  2. I feel for you Bernard, keep strong as our God will be with you every step of the way.

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  3. May our wonderful Heavenly Father and our Saviour Jesus Christ protect you and your family as you fight on the side of righteousness.

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  4. Keep going mate. Do it for all of us. May the force be with you.

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  5. I was completely unaware of this case, but now that I am I shall be making a small donation. I am a pensioner.

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    • Thank you for your generosity.

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  6. Praise the Lord! Wonderful news Bernard. Pray that this continues toward a defeat of the complaints, and hoping for a shutdown of the Tribunal.

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