Homosexual to Appeal Sentence
Fiji
Times, April 12, 2005
THE Australian tourist who was
jailed for two years last week for charges of unnatural offence and indecent
practice between two males will appeal his conviction and sentencing today.
Thomas Maxwell McCoskar is expected to file his appeal
and ask for bail in the Nadi court today.
Following that, McCoskar’s file is expected to be
transferred to the Lautoka High Court which will hear the appeal.
McCoskar’s lawyer Iqbal Khan filed the appeal yesterday
and is hopeful for his client’s release on bail today.
His client was jailed last Tuesday for having consensual
sex with Dhirendra Nadan, a 23-year-old delivery boy, between March 24 and
April 3.
Mr Khan is expected to argue that the trial magistrate
erred in law by convicting McCoskar, as it was a breach of his constitutional
right.
He adds that McCoskar was not advised to consult a lawyer
before plea was taken, and that the nature of the allegations were not
explained to him.
Furthermore, Mr Khan claims that McCoskar pleaded guilty
to the charges after being told by police officers he would not go to jail
because he was a first offender.
He said McCoskar wanted his plea set aside, claiming it
was made under threat, pressure and inducement by police officers.
Mr Khan said the sentence was too harsh and excessive.
McCoskar, a former lecturer of Victoria, was on vacation
when he met Nadan on March 24 and offered to pay him if he became his partner
for a few days.
They went to a hotel in Nadi where Nadan posed for nude
pictures and sexual acts after McCoskar promised to return to Australia and
post the photos on the Internet to make money.
The allegations came to light after McCoskar lodged
complaints with the police on April 3 of being robbed of $1500.
Both men admitted the charges when appearing before Nadi
Magistrate Syed Mukhtar Shah and pleaded for leniency.
They said there was nothing wrong with what they had done
because they enjoyed it.
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