Had Senator Hanson not known that Senator Faruqi is Muslim, that would have been an obvious defence to plead to that aspect of the claim.
203 Senator Faruqi's evidence in the form of an affidavit was filed and served on 3 October 2023. The fifth paragraph of the affidavit has only three words, "I am Muslim"–they could not be missed on even a superficial reading. The affidavit is thereafter replete with references to Senator Faruqi's Muslim identity, including that she was the first Muslim woman to be a member of any Australian Parliament and that she was the first female Muslim Senator in Australian history. She also recounts examples of racism that she faces as a Muslim in politics in Australia. Her affidavit links her identity as a Muslim to her racial and ethnic origin.
204 Senator Hanson accepted that she understood that the purpose of her affidavit was to respond to the matters that had been raised in the case (T152:1-2). However, her affidavit says nothing about not knowing that Senator Faruqi is Muslim, even in canvassing in detail why she had published the tweet. That detail included saying that she did not say in her tweet "go back to where you came from" because of Senator Faruqi's racial characteristics, and that there is nothing about Senator Faruqi's race, colour or origin that meant that she should not be in Australia.
205 If Senator Hanson indeed did not know at the time that she published her tweet that Senator Faruqi was Muslim, that would be a complete answer to that part of the claim that the tweet was published because Senator Faruqi is Muslim. Senator Hanson was clearly put on notice as to that aspect of Senator Faruqi's claim, but she did not answer it in the most obvious way available to her, assuming her claim in evidence about her lack of knowledge about Senator Faruqi being Muslim is true.
206 In the circumstances, it is not credible that Senator Hanson did not know at the time of the tweet that Senator Faruqi was Muslim. I reject that evidence on that basis alone.
207 However, there are additional grounds to reject that evidence when other factors are also considered. In her affidavit, Senator Hanson said that since Senator Faruqi became an Australian Senator she has been aware of Senator Faruqi's Twitter account and has followed her tweets. Senator Hanson said that as at September 2022, she "was familiar with the sort of posts that Senator Faruqi often made." Senator Hanson also said that prior to the publication of Senator Faruqi's tweet she knew that Senator Faruqi "had frequently made inflammatory and provocative statements about her beliefs."
