Broadcaster Alan Jones.
Controversial broadcaster Alan Jones has failed in his bid to dismiss a complaint of racial vilification brought against him over comments he allegedly made before the Cronulla riots.
The case was brought by Sam Ekermawi, who claims Jones vilified Muslims when he read out text messages and emails on-air on December 8, 2005.
During the broadcast, three days before the Cronulla riots, Jones allegedly referred to a "Leb and wog bashing day", "Middle Eastern bastards" and "scum".
"Come to Cronulla this weekend to get revenge," Jones allegedly read from a text message sent by a listener.
"This Sunday every Aussie in the Shire get down to Cronulla to support the Leb and wog bashing day."
That weekend, about 5000 people were involved in a drunken riot at Cronulla beach, during which people of Middle Eastern appearance were chased and bashed.
Although Mr Ekermawi's complaint has been with the NSW Administrative Decisions Tribunal for five years, the matter has yet to be heard.
Jones and his employer, Harbour Radio, sought to have the complaint dismissed on several grounds.
This included that Mr Ekermawi did not meet the complaint criteria in relation to his cultural background, and that the entire broadcast should not have been taken into account.
But their appeal was dismissed by the tribunal panel in a decision handed down last week.
A date for hearing has yet to be set.
The decision comes two months after Jones lost his bid to overturn a tribunal decision which found he incited hatred of Lebanese Muslims in April 2005.
In the original 2009 decision, the tribunal awarded $10,000 in damages to Muslim leader Keysar Trad, ordered the presenter make a public apology within eight weeks, and directed Harbour Radio to conduct a "critical review of its policies and practices on racial vilification" and staff training in such matters.
Jones has not yet apologised.
The complaint related to comments he made on April 28 about a Nine Network current affairs story reportedly showing young men of Lebanese origin taunting police.
"If ever there was a clear example that Lebanese males in their vast numbers not only hate our country and our heritage, this was it," Jones said.
Referring to "vermin" and "mongrels", he added: "They simply rape, pillage and plunder a nation that's taken them in."