Pub owner: Why I banned Arabs
By Shoba Rao
May 04, 2007 12:00
Article from: The Daily Telegraph
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THE owner of Scruffy Murphy's pub introduced his no Arabs or Islanders policy to "maintain a safe environment" for his staff and patrons, he told a tribunal today.
Malcolm McGuinness said he introduced the race ban because he was under pressure from police over increasing crime around the area that had been linked to the hotel.
Police issued the pub with a section 104 complaint to try to get the hotel to comply with its licence conditions, citing gang-related crime around the pub involving Pacific Islanders and others of Middle Eastern appearance.
But Mr McGuinness told the Equal Opportunity Division of the Administrative Decisions Tribunal the policy, introduced in November, 2005, was at his own will without any request from the police.
He said: "The police let me decide what policy I implement. That was up to me.
"They don't tell me how to run the hotel."
He said NSW licencing police had written him a letter where they made certain requests for his hotel to enforce stricter security conditions on weekends.
But he decided to introduce his race policy on a seven-day basis, even though none of the police requests had alluded to patrons' racial backgrounds.
He said he told hotel security staff the policy was to be implemented with discretion.
"If you know these people or you have friends that are these people that is up to you (to let them in)," he told staff.
Scruffy Murphys is being sued for unlawful racial discrimination by Pacific Islander Benji Tupou and New Zealander Marcellus Cook after they were refused entry to the hotel.
Lawyers for Scruffy Murphy's have already conceded that in Mr Cook's case the hotel breached the Anti-discrimination Act after he was refused entry based on the pub's policy of refusing entry to Islanders and people of Middle Eastern appearance.
The tribunal also heard from a key witness who was with Mr Tupou when he was barred from the pub.
Alex Farani told the court he was "just shocked and disgusted" when they were turned away on the night of March 24, 2005.
Mr Farani, 31, from Alexandria, said he and Mr Tupou went to Scruffy Murphy's after 11pm, where they were approached by a security guard after waiting in a queue for a few minutes.
Mr Farani said the secuity guard said: "Sorry guys, there's no Islanders."
Under cross examination Mr Farani said he thought the guard was joking until he repeated it for a second time.
He said: "Me and my friend looked at each other and realised it was serious.
"I was shocked. We just turned and walked away from the hotel."
The hearing continues.