Woden the Bogan tests Australian power to police online racism – WAtoday

Murtagh is the only person to have been charged in WA with publication of material to incite racial hatred, which carries a five-year maximum jail term.

He also is the first to test Australias powers to police racist social media posts.

Jason Murtagh, now clean-shaven, outside court. Credit:Aja Styles

WA introduced racial vilification laws, under which Mr Murtagh was charged, in 2004.

While other states have comparable laws, WA is the only state to detail conduct likely to incite racial animosity or racist harassment which in this case was the publication of online material.

New South Wales, South Australia, Queensland and Tasmania have recorded no convictions for inciting racial hatred, so far, with two cases currently before NSW courts. Queensland legislation that covers racial vilification is currently being examined by a Parliamentary inquiry.

The Australian National University College of Law senior lecturer Dr Faith Gordon said cyber-racism was incredibly difficult to prosecute but had become more prevalent with the rise of social media.

More people are looking into its effects and how it relates to the law because right now it is challenging to advocate on behalf of victims when the perpetrators are anonymous online, she said.

It is extremely difficult to provide victims with adequate redress after the damage is already done.

Murtagh was found guilty, with the court accepting he didnt have to be racist or intend to racially vilify to have committed a crime that was utterly deplorable. But he did not have to serve jail time.

In light of the unusualness of the case and Murtagh not being in the league of an entrenched Nazi sympathiser or white supremacist, with no prior record of such behaviour, Fremantle Magistrate Adam Hills-Wright last Monday deemed a $4000 fine appropriate.

Jason Murtagh said he created the Gab profile as research for a novel. Credit:Gab

After losing his job, the 51-year-old bar manager admitted to spending COVID-19 lockdown in early 2020 posing online as a white supremacist.

He created Woden the Bogan, a man of a similar age to himself but an ex-con, living rurally, who had supposedly served in the military and married three times, with five sons and two daughters.

However, Murtagh told his arresting officers that he was gay and he created the Woden profile to do research for a fantasy novel or game about an extremist father who goes on a journey of redemption upon discovering his son is homosexual.

Murtaghs defence lawyer Ken Robson told the court that while ill-advised, his clients posts were designed to engage with and get into the minds of racists for a genuine artistic purpose.

There is a loophole in the law regarding artistic purposes.

Senior Constable Day said Murtaghs writings after posting on Gab were bizarre.

For 17 years Murtagh worked at the Fly By Night, but his indecision over his lifes direction after failing to complete a fine arts degree at university, a spiralling prescription drug addiction and alcoholism meant his shifts dwindled.

Mr Murtaghs online persona posted to Gab.Credit:Gab

He told the court late last year that he felt incredibly stupid and ashamed over the racist social media posts but denied he was a racist.

To my shame I became fascinated by the amount of followers it accrued, he said.

Murtagh also described being brought up with appreciation for other cultures.

His 43-year-old sister, Niomi Rebecca Hunt, said he got along with the Indigenous boys she dated from the age of 14 to 17.

Jasons definitely not a racist, she said.

Ms Hunt admitted she hadnt seen her brothers posts but said they didnt change her opinion of her brother.

Witness Kelvin Blundell, whose wife is Filipino, didnt believe his friend of 25 years was racist despite the posts because he was one of the most accepting, non-judgemental and caring people he knew.

Mr Robson said his client wasnt a racist but someone who struggled with opiates and alcohol while living a lonely and solitary existence since losing his job.

Magistrate Hills-Wright said the multitude of references from people who knew Murtagh not to hold racist views made his behaviour all the more curious.

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Mr Hills-Wright noted creative storytelling and not telling the truth as factors to your offending and called Murtagh an unusual accused.

He was also sentenced for making 34 false reports to police about non-existent violent crimes, while drunk, in the years leading up to his online posts.

Murtagh was ordered to undergo alcohol and substance abuse programs, while checking in with police, for two years to avoid his 15-month jail sentence.

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Woden the Bogan tests Australian power to police online racism - WAtoday