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Iz's avatar
May 31Edited

It's not for me to adjudicate Sikh debates about what is or isn't a kirpan - I'm obviously not an expert. But the following points seem clear, yet notably absent from Fraser's reporting:

1. As far as I can see, there are no specific size requirements for a knife to qualify as a kirpan.

2. Digwa and his brother both referred to the murder weapon as a kirpan.

3. The main reason Digwa was convicted for possession is because he used the knife as an offensive weapon, which voided the religious exemption, not because of any aspect of its size or style.

4. Similarly, part of the reason some are now arguing it wasn't a kirpan is because of its use, as explained by the Sikh federation: "if you use your Kirpan offensively, it ceases to be a Kirpan. It becomes an offensive weapon, it's simple as that."

But semantic pedantry aside, what really matters is this:

1. Digwa was carrying the knife because he considered it exempt from the law, and it's highly unlikely given the current exemptions that our legal system would ever have stopped him from doing so had he not used it offensively.

2. If Digwa hadn't been carrying the knife, then Nowak wouldn't be dead - the minor altercation between the two couldn't have escalated further than a punch-up. This is the entire reason we have a law against carrying knives. The suggestion that Digwa being convicted for possession means the current law worked as intended is absurd - the point of the law is to prevent injury and death, not to slap a couple of extra years onto a life sentence after someone's already dead.

3. To suggest that some people should be exempt from that law just because of their religion is one of the most insane things I've heard in quite a while. (Especially coming from Fraser given that he was trying to convince us only a couple of days ago that two-tier justice is a populist lie - he seems to have moved on to the 'it is happening but actually it's a good thing' stage pretty quickly!)

4. My view on that actually has nothing to do with Digwa, let alone with mistrusting or punishing other Sikhs for his actions. It's just that I (like I suspect most people) had no idea that this exemption existed, and now that I am aware of it I'm strongly opposed to it - we can't possibly have a fair, safe or cohesive country if we don't even have to live by the same laws.

Rick Evans's avatar

Fraser continues to run out of road in increasingly desperate attempts to assure us all that multiculturalism is great and we should ignore the evidence of our own eyes and ears. It’s good to see the commenters below take him to task so lucidly.

For my own part, I’ll point out that, as ever, he ignores that the vast majority of people in this country think there should be one set of laws applicable to everyone equally, and people who don’t want to follow them should live somewhere else.

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