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Plan to remove Queensland’s 'gay panic defence' welcomed but urgency called for Plan to remove Queensland’s 'gay panic defence' welcomed but urgency called for
(4 months later)
The mother of a man whose killers relied on Queensland’s so-called “gay panic defence” has welcomed moves to amend the law but says it won’t bring her son justice.The mother of a man whose killers relied on Queensland’s so-called “gay panic defence” has welcomed moves to amend the law but says it won’t bring her son justice.
Under current Queensland legislation accused murderers can use unwanted sexual advance as a partial defence, but the attorney general, Yvette D’Ath, has flagged in parliament her intention to remove it.Under current Queensland legislation accused murderers can use unwanted sexual advance as a partial defence, but the attorney general, Yvette D’Ath, has flagged in parliament her intention to remove it.
“Queensland’s criminal code must not be seen to condone violence against the gay community, or indeed any community,” D’Ath said on Wednesday.“Queensland’s criminal code must not be seen to condone violence against the gay community, or indeed any community,” D’Ath said on Wednesday.
Related: Anglican archbishop joins Catholic calls to scrap Queensland gay panic defence
The defence has been used twice in Queensland in recent years, including in the case of Richard John Meerdink and Jason Andrew Pearce, who were jailed for the manslaughter of Wayne Robert Ruks in 2008.The defence has been used twice in Queensland in recent years, including in the case of Richard John Meerdink and Jason Andrew Pearce, who were jailed for the manslaughter of Wayne Robert Ruks in 2008.
Ruks was bashed in the grounds of Maryborough’s St Mary’s Catholic church, but the court did not accept their defence that he had followed them there and tried to grab Pearce’s crotch.Ruks was bashed in the grounds of Maryborough’s St Mary’s Catholic church, but the court did not accept their defence that he had followed them there and tried to grab Pearce’s crotch.
Ruks’s mother Joyce Kujala said it was disappointing the state government had taken so long to act on the law.Ruks’s mother Joyce Kujala said it was disappointing the state government had taken so long to act on the law.
“It can’t bring justice upon my son’s death, but I’ll be comforted when I know gay panic can no longer be used to defend murders,” Kujala said.“It can’t bring justice upon my son’s death, but I’ll be comforted when I know gay panic can no longer be used to defend murders,” Kujala said.
“But there’s no reason this can’t be passed next week.“But there’s no reason this can’t be passed next week.
“This lack of urgency means another mum could tomorrow go through the horror I did.”“This lack of urgency means another mum could tomorrow go through the horror I did.”
An online petition on Change.org, started by St Mary’s parish priest Paul Kelly, attracted 242,000 supporters.An online petition on Change.org, started by St Mary’s parish priest Paul Kelly, attracted 242,000 supporters.
Kelly said he was concerned by the “leisurely pace” of change.Kelly said he was concerned by the “leisurely pace” of change.
“Myself and the 240,000 people who’ve signed my petition hope the new opposition leader can help pass this legislation urgently – and ensure no one uses this shocking ‘gay panic’ law again,” he said.“Myself and the 240,000 people who’ve signed my petition hope the new opposition leader can help pass this legislation urgently – and ensure no one uses this shocking ‘gay panic’ law again,” he said.
D’Ath circulated draft changes to legal stakeholders and said the amendments were expected to be introduced into parliament later this year.D’Ath circulated draft changes to legal stakeholders and said the amendments were expected to be introduced into parliament later this year.
Queensland and South Australia are the only states where the gay panic defence currently exists.Queensland and South Australia are the only states where the gay panic defence currently exists.