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A 20-year-old individual has become the first to challenge the national laws enacted in 2023, which prohibit the public display of symbols associated with terrorist organizations. This legal battle unfolded in court recently.
Magistrate Christine Haskett expressed that the constitutional challenge exceeded her jurisdiction, suggesting that the matter should be escalated to the nation’s highest court for resolution. “I’m just concerned you’ve put the cart before the horse,” she remarked, emphasizing that, “The High Court is the ultimate authority when dealing with the constitution. I don’t have any power to deal with it.”
However, the commonwealth prosecutor countered, asserting that the magistrate indeed possessed both the authority and jurisdiction to address the constitutional issue, even if her ruling might ultimately be overturned by the High Court. He warned that there was no certainty the highest court would take up the case and cautioned against delays that could lead to “further fragmentation” of a matter that was already prepared for hearing.
“The High Court is the ultimate authority when dealing with the constitution. I don’t have any power to deal with it.”
But the commonwealth prosecutor argued the magistrate had both the power and the jurisdiction to deal with the constitutional issue, even if her decision could later be overruled by the High Court.
He said there was no guarantee the nation’s highest court would hear the case and delays would result in “further fragmentation” of a matter that had been ready to proceed to a hearing.
Both state and federal attorneys-general had been made aware of the constitutional challenge and did not move to oppose it in the local court.
Haskett noted the case was significant and Mouhanna was unlikely to be the only person charged with the offence given weekly protests occurring around the nation.
“It is a major constitutional issue,” she said.
The magistrate elected not to hear the case and adjourned it until November 18 after Mouhanna flagged an intention to escalate the fight to the High Court.
“We’re now considering our options in a more superior court,” her solicitor Hisham Karnib said after the hearing.
Mouhanna was charged after a large pro-Palestine protest that followed the expansion of Israel’s offensive in Gaza into the Hezbollah stronghold of southern Lebanon.
