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- 22 March 2005
Homosexual Persecution
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Page: 14697
The Hon. JAN BURNSWOODS [5.17 p.m.]: Tonight I refer to two reports that have appeared in the metropolitan newspapers over the past few weeks. They both relate to issues of homosexuality, sexual relations and the murder of gays. The first report appeared in the Sydney Morning Herald and a few other newspapers a couple of weeks ago and referred to the findings of the Senior Deputy State Coroner, Jacqueline Milledge, in relation to two murders and a third probable murder. Ross Warren disappeared in July 1989 and John Russell disappeared in November 1989, and their bodies were found at the foot of Marks Park cliff in Tamarama. It is suspected that a third man, who has been missing since 1985, was thrown over the same cliff.
I refer to these matters now because the good news is that our attitudes—and those of the police, the community and probably everyone concerned—to the victimisation, brutality and even murder of gay men or lesbian women have changed considerably for the better since the two deaths in 1989 and the suspicious disappearance in 1985. The good news is that as a community we have improved considerably in our attitudes to such matters. I congratulate former sergeant Page of the New South Wales Police Force, the coroner and others who have been involved, and the family of one of the young men, who has fought so hard for this matter to be dealt with and the truth faced, which is important.
The report that appeared at the very end of January was far more worrying: the conviction of a Catholic priest for a homosexual act which occurred in 1982—before the law reforms of 1984 and before the most recent reforms arising from the age of consent changes. Although Judge Bell made a number of very sensible remarks and the man in question was sentenced only until the rising of the court, a few seconds later, a very brief encounter in a swimming pool involving a man of 29—I am not sure how old the other person was—occurring more than 20 years ago became the subject of a criminal prosecution.
The case arose out of a complaint to the Catholic church in 2002 and the seeking of $100,000 in compensation. The then Archbishop, George Pell, in writing after an eight-month investigation by the church, offered his sympathy and promised to discipline the priest concerned. But he told the complainant, "I cannot be reasonably satisfied that abusive and criminal behaviour were involved." I am very concerned that after that the police in a particular part of New South Wales should then have got the complainant to phone the priest and used a listening device to record the conversation. Reading the text, it seems to me that the admission the priest made was of a religious or moral nature, not of a criminal nature. Nevertheless, we do have the conviction that I referred to. This is a bad precedent. [Time expired.]
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