NSW gay hate report recommends new inquests, police education

February 15, 2024
Issue 
Activists take their message about stopping police from attacking LGBTIQ people to Mardi Gras 2023. Photo: Zebedee Parkes

The long-awaited report by the , released last December, made 19 recommendations, including fresh inquiries into the deaths of several men.

The 18-month inquiry investigated 32 deaths and unsolved murders from 1970鈥2010, believed to be motivated by homophobia. It found 鈥渟uspected鈥 LGBTIQ bias in 21 cases and confirmed that in four.

Inquiry commissioner said on December 21 many deaths were 鈥渓onely and terrifying鈥 and that the ugly history of violence which had been uncovered should be the subject of a 鈥渃omprehensive queer heritage project鈥.

The inquiry also found that the NSW Police response was to victims and their families was completely inadequate. It said the police were 鈥渋ndifferent, negligent, dismissive and hostile鈥 in many cases.

It gave details of the police鈥檚 failure to maintain evidence from past LGBTIQ hate motivated crimes cases and its inability to complete investigative files.

Sackar cited multiple occasions when he said the police acted as less than a 鈥渕odel litigant鈥 including being slow to produce materials for the case and being 鈥渁dversarial or unnecessarily defensive鈥.

Sackar condemned the police鈥檚 claim that the inquest 鈥渄istracted police from police work they would otherwise be undertaking鈥.

鈥淚t can provide scant comfort to the LGBTIQ community in NSW that the NSWPF [NSW Police Force] continues to treat the review of LGBTIQ hate crimes as an adversarial issue,鈥 he said.

鈥淭here appears to have been a resistance in the NSWPF, even very recently, to acknowledging the extent of the hostility experienced by LGBTIQ people in the 40-year period under examination.鈥

Of the recommendations handed down, seven relate to specific cases the inquiry investigated, including that there be new inquests into these.

It also recommended regular monitoring of DNA databases to identify persons of interest in the particular cases, against new DNA evidence found during the investigation.

Shamefully, much of the evidence looked at had never been sent for forensic testing 鈥 until now.

Another recommendation calls for 鈥渁dditional and ongoing training鈥 for police regarding 鈥渢he LGBTIQ community鈥. It said there was a need to impart education on 鈥渢he importance of cultural awareness and the use of appropriate and inclusive language鈥.

Police also needed to understand how to undertake 鈥渢rauma-informed communication and engagement with partners, families, friends and loved ones of victims鈥 and 鈥渢he role of conscious and unconscious bias and the potential impact of bias on investigations鈥.

The report noted that 鈥渁ny such program should be developed with input from LGBTIQ representatives and organisations鈥. It said the benefits of this education being delivered by a LGBTIQ organization, external to the police, must be considered.

Another recommendation suggested a systematic review of unsolved homicides from 1970鈥2010, including an audit of known evidence of each death and their location.

This would keep the police force accountable for any evidence in its possession, something which the report had shown to be sorely lacking, especially in relation to bias or hate crimes.

Another recommendation is the police provide a public update on the review and audit within three months of the report being published.

Sackar鈥檚 recommendations are a step in the right direction. He stopped short of recommending the police apologise, saying 鈥渋t is likely to be of limited value鈥 if it鈥檚 perceived as coming about only because he asked for one.

鈥淚n my view, an apology is not only appropriate, but the absence to date of an apology from the Commissioner of the NSWPF has been extremely difficult to understand.鈥

acknowledged the pain of victims and their families as part of her response on December 21. She did not apologise, however, saying the force needs to 鈥渁llocate the appropriate time to review the report and its recommendations鈥.

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