Aussie wins Fiji case, now for reform
By Ian Gould
Sydney Star Observer
Issue 780
Published 1/09/2005
THE REVERSAL OF AN AUSTRALIAN MAN'S CONVICTION FOR GAY SEX IN FIJI SETS A
PRECEDENT FOR REFORM IN THE REGION, LOBBYISTS SAY.
Activists have urged the Australian government to push for the repeal of
anti-gay laws across the Asia-Pacific after Fiji's High Court overturned the
conviction of an Australian tourist for consensual gay sex last week.
In a decision handed down last Friday, Fiji's High Court quashed the
convictions of 55-year-old Australian tourist Thomas McCosker and Fijian
Dhirendra Nadan, 23, because they clashed with constitutional guarantees of
privacy and equality.
McCosker and Nadan were found guilty of consensual gay sex in April and
sentenced to two years' imprisonment by a magistrate who called their
behaviour "something so disgusting it would make any decent person vomit".
The pair were convicted after McCosker reportedly told police Nadan had
stolen about $1,500 from his wallet.
They were later freed pending an appeal, but had to wait until last week
before High Court judge Gerard Winter reversed their sentences. McCosker
reportedly returned home to Victoria this week.
McCosker's lawyer, Natasha Khan, said the case was important but "not the
all-encompassing victory we were looking for", Australian Associated Press
reported.
The High Court ruling only applied to gay sex in private, and the laws used
to prosecute McCosker and Nadan remain on Fiji's statute books, although
it's understood last week's decision renders them inoperable.
Khan said prosecutors suggested they might appeal the court's decision,
which has drawn criticism from Fijian religious leaders.
Gay activists in Australia have called on the Australian government to use
last Friday's ruling as the impetus for reform in the region.
National lobbyist Rodney Croome told Sydney Star Observer several
Asia-Pacific nations maintained anti-gay laws similar to those in Fiji, and
called on the government to lobby for their repeal.
David Scamell, co-convenor of the NSW Gay and Lesbian Rights Lobby, said
Canberra needed to take "a more positive and stronger public stance" against
the criminalisation of homosexuality.
"The Australian government really needs to take a lead role. It's obviously
a major power in the Pacific, and it needs to take a role in enforcing human
rights," he told the Star.
New national LGBT lobby group Australian Coalition for Equality called on
the Department of Foreign Affairs and Trade to update its travel advisories
so tourists were informed about all countries with laws against
homosexuality.
Sydney Star Observer
Issue 780
Published 1/09/2005
THE REVERSAL OF AN AUSTRALIAN MAN'S CONVICTION FOR GAY SEX IN FIJI SETS A
PRECEDENT FOR REFORM IN THE REGION, LOBBYISTS SAY.
Activists have urged the Australian government to push for the repeal of
anti-gay laws across the Asia-Pacific after Fiji's High Court overturned the
conviction of an Australian tourist for consensual gay sex last week.
In a decision handed down last Friday, Fiji's High Court quashed the
convictions of 55-year-old Australian tourist Thomas McCosker and Fijian
Dhirendra Nadan, 23, because they clashed with constitutional guarantees of
privacy and equality.
McCosker and Nadan were found guilty of consensual gay sex in April and
sentenced to two years' imprisonment by a magistrate who called their
behaviour "something so disgusting it would make any decent person vomit".
The pair were convicted after McCosker reportedly told police Nadan had
stolen about $1,500 from his wallet.
They were later freed pending an appeal, but had to wait until last week
before High Court judge Gerard Winter reversed their sentences. McCosker
reportedly returned home to Victoria this week.
McCosker's lawyer, Natasha Khan, said the case was important but "not the
all-encompassing victory we were looking for", Australian Associated Press
reported.
The High Court ruling only applied to gay sex in private, and the laws used
to prosecute McCosker and Nadan remain on Fiji's statute books, although
it's understood last week's decision renders them inoperable.
Khan said prosecutors suggested they might appeal the court's decision,
which has drawn criticism from Fijian religious leaders.
Gay activists in Australia have called on the Australian government to use
last Friday's ruling as the impetus for reform in the region.
National lobbyist Rodney Croome told Sydney Star Observer several
Asia-Pacific nations maintained anti-gay laws similar to those in Fiji, and
called on the government to lobby for their repeal.
David Scamell, co-convenor of the NSW Gay and Lesbian Rights Lobby, said
Canberra needed to take "a more positive and stronger public stance" against
the criminalisation of homosexuality.
"The Australian government really needs to take a lead role. It's obviously
a major power in the Pacific, and it needs to take a role in enforcing human
rights," he told the Star.
New national LGBT lobby group Australian Coalition for Equality called on
the Department of Foreign Affairs and Trade to update its travel advisories
so tourists were informed about all countries with laws against
homosexuality.
posted by Unknown at
Friday, September 02, 2005
