The most controversial piece of headwear since Native American headresses hit music festivals, Sydney activist Zaky Mallah‘s marijuana leaf decorated hat could reportedly cost eBay tens of thousands of dollars after a decision to delist the item has drawn a law suit from Mallah for $30,000 n damages.
The hat was worn by Mallah on ABC’s Q&A program, where as a formally acquitted former terror suspect he ignited a media furore after questioning the Liberal MP Steve Ciobo during an episode of the program in June.
Responding to remarks from Ciobo that he would “be pleased to be part of a government” that would have stripped him of his citizenship, Mallah fired back with : “The Liberals now have justified to many Australian Muslims in the community to leave and go to Syria and join Isis because of ministers like him,” and everyone promptly lost their shit.
Taken to be an endorsement of Islamic State, despite Mallah and Q&A host Tony Jones‘ protests (Jones recently calling it such an interpretation a “big lie”), the episode triggered a federal government frontbench boycott, an internal ABC review and a communications department investigation. Not to mention that amazing Daily Telegraph frontpage of ISIS members photo-shopped to look like they were holding the ABC logo.
Listing the hat on eBay on Monday with a starting price of $100, Mallah found eBay had removed the listing by the end of the day, saying it violated the company’s policy against gratuitous comments. “We encourage our sellers to avoid the use of unrelated words that has nothing to do with the item for sale,” the company wrote to Mallah via email. They also cited his lack of written consent from a charity to validate his claim that he would donate a portion of the sale’s proceeds to charity.
According to The Guardian Australia, Mallah then lodged a claim with the New South Wales Civil and Administrative Tribunal (Ncat) this week seeking $30,000 in damages with the hearing is listed for 19 January. In regards to the damages Mallah explains that he seeks “the [first] $15,000 I believe would have received for the hat, and the other $15,000 for the time it took to put this application through, and the headaches and stress”.
Speaking about to the allegedly gratuitous comment he told The Guardian that “you can’t just put a famous, unique hat on eBay without explaining the history of it, the context of it, the exchange between me and Steve Ciobo.”
Despite the storm around their previous meeting however, Mallah said he is eager to reconcile with Ciobo, revealing that he will use a portion of any funds raised by the lawsuit or the auction to take him out to lunch.
“At any place in the city of his choice. We can put our differences aside, come together, and make peace,” he said.
“That’s a Christmas message right there.”
