Victorian Jailed in Fiji ‘Denied Rights’
The
Age, April 15, 2005
By Andrea Petrie, Matt Neal
The Government says it was notified of charges against a
Warrnambool man only after his conviction.
A Victorian man convicted of gay sex offences in Fiji was
denied legal advice because Fijian authorities did not notify the Australian
consulate until after he was convicted, a Federal Government spokesman said
yesterday.
Thomas Maxwell McCosker, 55, from Warrnambool, who
pleaded guilty, was sentenced to two years’ jail last week for having sex
with a 23-year-old Fijian man, Dhirendra Nadan. The two had pleaded guilty to
an “unnatural offence” and “indecent practice between males” at
Lautoka High Court. Homosexual acts carry a maximum of 14 years’ jail in
Fiji.
Magistrate Syed Mukhtar Shah described their crimes
during sentencing as “something so disgusting that it would make any person
vomit”.
The pair were bailed last Tuesday, pending an appeal
hearing on April 28. But a Department of Foreign Affairs spokesman said
yesterday that while Australians residing or visiting overseas were subject to
the jurisdiction of the country they were in, McCosker had been unfairly
treated.
“Our high commission in Fiji has formally expressed
concern that it was not advised of his arrest, which meant he did not have
access to consular assistance,” the spokesman said. “We are concerned that
this may have prejudiced Mr McCosker’s rights in the trial, in particular
his right to legal representation.”
Fijian police became aware of the pair’s activities
after McCosker reported a theft of $1500. When police questioned Nandan in
connection with the theft, he told them that the two had made pornographic
photos and videos together between March 24 and April 3 to sell on the
internet.
Iqbal Khan, a lawyer who has since been appointed to
represent McCosker at his appeal, said the authorities had denied his client a
basic human right. “The Fijian Government.. . should have contacted the high
commissioner because he is an Australian citizen and so the embassy could give
him legal assistance,” he said.
Mr Khan said despite this, his client was coping well.
“He said he went through hell (but since the appeal) I have seen a marked
improvement in him. He’s been able to speak to his mother and his friends in
Australia.”
Victorian Gay and Lesbian Rights Lobby convener Pete
Dillon said yesterday he had written to 14 federal MPs to urge the Government
to get involved in McCosker’s case as it had in the case of Gold Coast woman
Schapelle Corby.
“They’re not doing anything to help this guy, who was
probably unaware of the regulations in Fiji about homosexual acts in a private
home, which are in clear breach of the United Nations Human Rights Charter,”
he said.
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