Dashcam vision of Dr Mustapha Kara-Ali (right) and another man during a visit to the property by council officers in July. (Supplied: NSW Courts)
Two males discovered to have carried out unlawful land clearing detained a person for 30 minutes when he got here to serve them authorized paperwork, a courtroom has heard.
Dr Mustapha Kara-Ali and Diaa Kara-Ali had been discovered to have carried out unlawful land clearing and different improvement on a rural property at Colo, in Sydney’s north west.
- Mustapha and Diaa Kara-Ali are being pursued for contempt of courtroom after allegedly persevering with to illegally construct on a Colo property
- Mustapha is the Imam of a non secular guild based mostly on the property and claims they’re exempt from Australian legislation
- A person serving courtroom papers claims he was detained on the property for 30 minutes
Dr Kara-Ali runs a non secular guild known as Diwan Al Dawla on the property and claims they’re exempt from Australian legislation as a result of the entire work has been accomplished in his function as Imam of the guild, which is classed as a primary non secular charity.
This declare just isn’t supported by the Australian Charities and Not-For-Income Fee.
Neither males have taken half within the courtroom proceedings thus far.
Final month, the Land and Setting courtroom set out a sequence of orders for the boys to take away movable buildings, fences and a ship ramp, in addition to put together a revegetation plan for the areas they’d cleared.
Land and Environment Court ruled the property had been illegally cleared and ordered movable buildings be removed. (Supplied: NSW Courts)
The primary deadline handed on Monday and Hawkesbury Metropolis Council is now pursuing contempt of courtroom fees, telling the courtroom the boys had been persevering with to construct on the property.
Man delivering courtroom paperwork ‘padlocked inside gates to property’
Affadavits filed to the courtroom right now, detailed an incident during which a person delivering courtroom paperwork to the Kara-Alis was locked contained in the Colo property.
The affidavit of Frank Hoare, a course of server, claimed he was approached by Diaa and Mustapha Kara-Ali on the property.
“Get off this sacred land. You might be an infidel, a person of the cross and a thief,” one of many males instructed him, in accordance with the affidavit.
The Kara-Alis instructed Mr Hoare to take the paperwork with him, earlier than Mustapha Kara-Ali padlocked the entrance gate earlier than he had time to depart, the affidavit alleged.
It claimed Mr Hoare sat in his automotive whereas Diaa Kara-Ali rode a horse in one other paddock and Mustapha Kara-Ali walked to the top of the property and prayed.
“I didn’t have any reception on my cell phone,” the affidavit said.
“I honked my horn to passing site visitors to no avail.
Before and after photos show the loss of vegetation after the men cleared the block. (Supplied)
“I continued to take a seat in my automotive and … [Diaa] saved driving his horse across the paddock, which might be described as an intimidatory [sic] method.”
Mr Hoare stated Diaa Kara-Ali rode as much as the automotive, whereas an aged man threw the papers within the entrance seat.
The affidavit stated the Kara-Ali’s finally unlocked the gate and Mr Hoare drove out, leaving the courtroom paperwork in entrance of the gate.
Mustapha Kara-Ali instructed the ABC he wouldn’t participate within the courtroom course of as a result of he didn’t imagine it to be a secular establishment.
“That is non secular persecution par excellence,” he stated.
“We’ve our faith and the cross bearers have theirs.”
One other affidavit claimed that in a separate go to to the property to serve paperwork, Diaa Kara-Ali took the paperwork, threw them on the bottom and stomped, jumped and spat on them.
“I’ll bury these like I’ll your cross within the identify of Muhammed,” Diaa Kara-Ali allegedly stated.
“Mustapha Kara-Ali … began to movie me and the cops saying, ‘Have a look at this abuse’ and ‘You fucking canine, you Christian crusader, your cross shall be buried such as you’.”
Justice Terry Sheahan instructed the courtroom he would direct Diaa and Mustapha Kara-Ali to attend the following listening to later this month.